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FOUNDED 2()th NOVEMBER, 186-2. 



1916-18. 22i0i 

THIRD SERIES, VOLUME V, »;> ';'; /' 




Published by the Council of the Society. 


Oifice-Bearers, I9l6'l9i8. 


a-JGH S. Gladstone of Capenoch, Thornhill, Dumfriesshire 
F.R.S.E.. F.Z.S., M.B.O.U., F.S.A.(Scot.). 

Hon. Vice-Presidents. 

S. Aknott, F.R.H.S.. Sunnymead, Maxwelltmvn. 

William Dickie, Merlowood, Maxwelltown. 

Hev. S DuNLOP, Edinbin-o;]!. 

G. F. Scott Elliot. F.R.G.S., F.L.S.. Drumwhill. Mossdale. 

Dr J. W. Martin, Charterhall, Newbridge, Dumfries. 

Dr J. Maxwell Ross, Duntriine, Maxwelltown. 

John Rutherkokd of Jardington, Dumfries. 


Jajies Davidson, F.I.C, F.S.A.(Scot.). Summerville. Maxwelltown. 
T. A. Halliday, Parkhurst, Edinburgh Road, Dumfries. 
G. Macleod Stewart, Catherine Street. Dumfries. 
Alexander Turner, Glen Sorrel, Maxwelltown. 

Hon. Secretary. 
G. W. Shirley, Ewart Public Library. Dumfries. 

Hon. Interim Secretary. 

James Flett. HiUhead. Bankend Road. Dumfries. 

Editors of Transactions. 
R. C. Reid, Mouswald Plate, and Mrs G. W. Shirley. 

Hon. Treasurer. 
M. H. M'Kerrow. 43 Buccleuch Street. Dumfries. 

Hon. Librarian. 
G. Macleod Stewart. 

Hon. Departmental Curators. 

Antiquities — James Flett. 

Coins and Tokens — James Davidson, Summerville. Maxwelltown. 

Natural History — Dr J. W. Martin, Charterhall. 

Geology — Robert Wall\ce, Durham Villa. 

Herbarium — Miss Hannay, Langlands, and Dr W. Semple, Mile Ash. 

Members of Council. 

The President ; Vice-Presidents ; Secretary ; Treasurer ; Librarian ; 
Departmental Curators; and Miss M. Carlyle Aitken, Messrs 
J. Thomas Henderson, Bertram M'Gow.\n, J. P. Milligan, 
John M'Burnie. R. C. Reid, F. W. Michie, Mrs Mathkws 
and Miss Gordon. 


1916-17. PACE 

Ofl&ce-Bearers ... ... ... ... ... ... 3 

Annual Meeting ... ... ... ... ... ... ... 9 

Animal Intelligence — Sir Herbert Maxwell, Bart. ... ... l!t 

The Ruthwell Cross in its Relation to other Monuments of the 

Early Christian Age — W. G. Collingwood 34 

Sheriff Court Book of Dumfries (1537-38)— Sir Philip Hamilton 

Grierson ... ... ... ... ... ... ... 85 

The Provosts of l.influden— R. C. Reid 110 

Characteristics of Aljiine Plants — Provost S. Arnott ... ... 110 

Halldykes and the Herries Family — David C. Herries ... ... 115 

Primitive Marriage — Kev. S. Dunlop ... ... ... ... 124 

Crae Lane and its Vegetation — Miss I. Wilson. M.A. ... ... 124 

The Etymology of Lane — The Editors ... ... ... ... 127 

The Lower Nith in its Relation to Flooding and Navigation — 

Robert Wallace 128 

The Early History of the Parish of Keir — Sir Pliilip Hamilton 

Grierson ... ... ... ... ... ... ... 136 

The Lost Stone of Kirkmadrine — Rev. G. P. Robertson ... 136 

Note on the Kirkmadrine Stone — W. G. Collingwood ... ... 141 

Weather and Nature Notes — J. Rutherford 143 

Rainfall Records — Andi'ew Watt 152 

Abstract of Accounts (1916) 154 


Annual Meeting ... ... ... ... ... ... ... 155 

Comparative Archaeology, its Aims and Methods — Robert 

Munro, M.D., F.S.A 156 

Some Observations on the Occurrence of Culex Pipiens in 1917 

— Rev. James Aiken, M.A. ... ... ... ... ... 183 

Carlyle at Craigenputtock — D. A. Wilson, M.A. 187 

Some Documents Relating to the Parish of Glencairn^ — Sii' 

Philip Hamilton Grierson ... . .. 1"^7 

The Peti-ol Motor in Warfare — A. C. Penman .. :^11 

Andrew Heron and his Kinsfolk — Lieut. -Col. Bonham Rogers. 

M.D 211 

Weather Notes— J. Rutherford 223 

Two Ornithological Notes— R. C. Reid 230 

Five Strathclyde and Galloway Charters — Rev. F. W. Ragg. 

M.A.. F.R.H.S 231 

Obituary 26-» 

Exhibits 266 

Purchases ... ... ... ... ... ... ... •-. 26G 

Presentations ... ... ... ... ... •• .■ 266 

Abstract of Accounts (1917) 27U 


During the continued absence of iMr G. W. Shirley on 
active service this volume has been seen through the press by 
Mr R. C. Reid and Mrs Shirley, who regret that, owing to the 
difficulties which at present beset all publication, several valu- 
able papers have had to be held over to the next volume. 

The Society has to express its obligations to the Society 
of Antiquaries, Edinburgh, Dr Robert Munro, and Mr W. G. 
Collingwood for the loan of a number of blocks used to illus- 
trate this volume. 

The Society is also indebted to the Cumberland and West- 
morland Antiquarian and Archseological Society for permis- 
sion to reprint the Rev. F. W. Ragg's paper on " Strathclyde 
and (ialloway Charters," and for the use of certain type in 
connection therewith. 

The Editors will be glad to receive any information that 
may assist them in compiling a Roll of Honour of the 

It must be understood that as each contributor has seen 
the proof of his paper the Society does not hold itself respon- 
sible for the accuracy of the data gi\en therein. 

Members working on local Natural History and Archaeo- 
logical subjects should communicate with the Hon. Interim 

Papers may be submitted at any time, preference being 
given to original work on local subjects. 

Enquiries regarding the purchase of Transactions and 
payment of subscriptions should be made to the Hon. Trea- 
surer, Mr M. H. M'Kerrow, 43 Buccleuch Street, Dumfries. 

Exchanges, Presentations, and Exhibits should be sent 
to the Hon. Interim Secretary, Ewart Public Library, Dum- 

Proceedings and Transactions 


Dumfriesshire and Galloway 

Natural History & Antiquarian Society. 

SESSI03^T i9ie-iv. 

17th November, 1916. 

Annual Meeting. 

The Annual General Meeting of the Society was held at 
7.15 p.m. — Mr G. M'Leod Stewart in the chair. 

Minutes of previous meeting were read and approved of. 
Apologies for absence were read from the Hon. President, Mr 
Hugh Gladstone; Mr Charles Ralston, Mr J. C. R. 
Macdonald, Mr James Flett, Colonel Thorburn, and Mr R. 
C Reid. 

Mr M. H. M'Kerrow, the Hon. Treasurer, reported that 
he had in hand £4.5 4s yd, which would be exhausted on pay- 
ment of printing of the Transactions now in the press. 

Mr G. M'Leod Stewart, Hon. Librarian, gave an exhaus- 
tive report on the additions to the Library by exchange and 
by presentation. 

Mr R. C. Reid, who was editing the volume of Trans- 
actions for the past session, wrote explaining that the book 
was in the printers' hands and would be ready shortly. 

The Interim .Secretary gave a resume of the meetings 
throughout the past session. 

It was agreed that the various office-bearers be continued 
without change for another session, with the addition of Mr 
J. C. R. Macdonald to the Council. 

10 AiXNUAL Meeting. 

Provost Arnott moved that the hour of meeting be now 
changed to 7.30. 

This was seconded by ex-Provost Turner and carried. 

Votes of thanks were accorded to the office-bearers for 
their services. 

Animal Intelligence. 

By Sir Herbert Maxwell, Bart. 

I am afraid that when you have heard what I have to say 
to you to-night you will complain that I have done no better 
service than to lead you into a labyrinth and leave you to find 
your own way out of it. I am far — very far — from claiming 
to have struck a fresh clue to the delimitation of instinct and 
reason. All I propose is to review some of the more sug- 
gestive points in the evidence collected by many careful ob- 
servers and to indicate the direction in which scientific opinion 
seems to tend. 

The problem has resolved itself into three main 
tranches : — 

1. Are animals, other than man, born, and do they continue 

through life unconscious automata? 

2. If they are conscious, are their consciousness and in- 

telligence the physical product of certain chemical and 
organic changes taking place in the growth of the 
eggs, embryo, or young creature, and therefore spon- 
taneous in the sense that muscle, bone, and blood 
develop by the spontaneous multiplication of cells? 

3. Is the conscious intelligence exoteric? In other words, 

is it the consequence of an external and superior man- 
date or suggestion, acting upon a suitable physical 
receptacle ? 

I, — Are animals born, and do they remain unconscious 

Nobody who has systematically watched the behaviour of 
the young of birds and other animals is likely long to enter- 
tain the belief that, even if they are hatched or born as 

Animal Intelligence. 11 

unconscious automata, they continue so for more than a very 
brief period — that they are, as it were, delicate and ingenious 
pieces of clockwork, performing with regularity those func- 
tions for which they are designed and adapted, so long as 
they are regularly wound up, i.e., fed. Experience, whereof 
the effects are manifest in every animal sufficiently highly 
organised for man to interpret its behaviour, and which may 
exist in the grades of life so low as to baffle human scrutiny — 
experience, I say, and instruction, whereof very few, if any, 
vertebrate animals are insusceptible,^ are undoubtedly agents 
upon animal behaviour predicating a mental process such as 
could be implanted in no mere machine. To take a very 
homely illustration : no amount of repeated battering will 
prevent a humming top bumping itself against furniture and 
other obstacles when it is set spinning ; but one recognises 
the effect of experience upon the conduct of animals so low 
in the scale of life that it is difficult to believe that any sentient 
creature can be totally devoid of conscious volition. 

In 1873 -Dr Mobius reported to the Society of Natural 
Science for Schleswig-Holstein some observations by Herr 
Amtsberg of Straisund on the behaviour of a large pike. 
Being confined in an aquarium, this fish wrought such havoc 
among other fish in the same tank that Herr Amtsberg 
caused it to be separated from them by a sheet of plate-glass. 
Thereafter, every time the pike made a dash at one of its 
neighbours, it received a severe blow on the nose. The pre- 
datory instinct was so strong that it took three months to 
convince the pike that every attempt upon the life of these 
small fish resulted in pain to itself. Thereafter it let them 
alone, even when, after six months, the glass partition was 
removed. Experience had taught it that these particular 
fish could not be attacked with impunity, whereupon its in- 
telligence came into play to control its predatory instinct, 

1 It is a popular belief that guinea pigs are not susceptible to 
instruction, and evince no recognition of one human being as more 
familiar than another. Probably this is no more than sheer asser- 
tion, founded on the phlegmatic behaviour of the animal in cap- 
tivity, and not put to the test of experiment. 

12 Animal Intelligence. 

although, when new fish were put into the tank, it went for 
them at once. 

Animals higher in the scale than pike, which rank low 
in the class of fishes, show more precocity in profiting by 
experience, even when deprived of the advantage of parental 
example and guidance. To some chicks reared in an incu- 
bator Mr Lloyd Morgan threw caterpillars of the cinnabar 
moth. These larvae are conspicuously marked with yellow 
and black rings, and have a flavour most distasteful to birds. 
The inexperienced chicks seized them greedily, but dropped 
them at once, wiping their bills in disgust, and seldom could 
be induced to touch them a second time. Next day brown 
loopers and green cabbage-moth caterpillars were put before 
the little birds. 

" These were approached with some suspicion, but pre- 
sently one chick ran off with a looper and was followed by 
others, one of which stole and ate it. In a few minutes all 
the caterpillars were cleared off. Later in the day they were 
given some more of these edible caterpillars, which were 
eaten freely ; and then some cinnabar larvae. One chick ran, 
but checked himself, and, without touching the caterpillar, 
wiped his bill — a memory of the nasty taste being apparently 
suggested by association at the sight of the yellow and black 
caterpillar. Another seized one and dropped it at once. A 
third subsequently approached a cinnabar as it crawled along, 
gave the danger note, and ran off. "^ 

Now in these instances the superior precocity in turning 
experience to advantage shown by very young chickens over 
M. Amtsberg's pike may be accounted for, not only by the 
greater mental capacity of the higher vertebrate, but by the 
keener physical sense of the warm-blooded animal. 

Instances like these might be cited in abundance to dis- 
prove the hypothesis that fishes and birds are unconscious 
automata. More perplexing are those displays of effective 
consciousness and caution which, if founded on experience, 
indicate that experience must have been congenitally trans- 

2 Hahit and Instinct, by C. Lloyd Morgan, page 41. 

Animal Intelligence. 13 

I went a-fishing' one day in the Mimram, a pretty little 
chalk stream in Hertfordshire. From a little fishing-house 
on the bank I noticed several trout rising in a reach of the 
stream meandering through a meadow below. I made ready 
to approach them with all the craft I could muster. There 
happened to be three or four cart-horse colts careering about 
in the meadow, thundering along the water edge close to the 
rising trout, which showed not the slightest alarm or inten- 
tion of desisting from the capture of ephemeridae. My host's 
keeper, solicitous for my comfort, sent a tiny maiden of some 
seven or eight summers to drive away the colts. This she 
did effectively, but her appearance on the bank made every 
trout quit the surface and flee for shelter. In fisherman's 
parlance, she had " put them down." Now, these trout, of 
mature age, no doubt had acquired enough experience to 
fight shy of an angler and all his works, and, though fearless 
of cart horses, would be apt to scuttle off at the first gleam 
of his rod. But how came they to recognise this child as an 
immature specimen of Homo sapiens? Neither anglers nor 
poachers are in the habit of plying their calling in pinafore 
and petticoats. She can scarcely have been an unfamiliar 
apparition to the trout, for her father's house was close at 
hand, and she must have played many times upon that 
flowery marge. If the trout recognised her, they could not 
associate her with any experience of hurt or harm. On the 
other hand, it is still more difficult to account for their recog- 
nising this child as belonging to a hostile species and the 
cart horses to a harmless one through intelligence imparted 
by or inherited from other fish. One cannot assign limits to 
the measure of warning and instruction which animals can 
convey to the young that they rear ; but trout undertake no 
parental cares. They shed their ova in the shallows, and, 
long before these are hatched into sentient creatures, the 
parents have dropped back into the deeper waters, and if ever 
they meet their own offspring in after life are very apt to 
regard them as legitimate food. 

It was written of old : — '* The fear of you and the dread 
of you shall be upon every beast of the earth, and upon every 
fowl of the air; upon all that moveth upon the earth, and 

14 Animal Intelligence. 

upon all the fishes of the sea;" and this, in truth, has come 
to pass. Nevertheless, judging- from Mr Lloyd Morgan's 
observations of the chicks of domestic fowls, wild ducks, 
pheasants, partridges, moorhens, and plovers reared in an 
incubator, the dread of man, as such, is neither innate nor 
congenital in highly organised animals. Neither does it pre- 
cede man into parts of the earth whither he has not previously 
penetrated, witness the confidence, sadly misplaced as a rule, 
shown in him by penguins and other birds in polar regions, 
until they got to know him better. 

In weak species, however, the instinct of concealment 
does seem to be inborn and congenital, for Mr W. H. 
Hudson has recorded that, when he had the egg of a jacana 
{Parr a jacana) in the palm of his hand, " all at once the 
cracked shell parted, and at the same moment the young bird 
leaped from my hand and fell into the water. ... I 
soon saw that my assistance was not required, for, immedi- 
ately on dropping into the water, it . . . swam rapidly 
to a small mound, and, escaping from the water, concealed 
itself in the grass, lying close and perfectly motionless, like 
a young plover. "3 

Mr Lloyd Morgan could detect little sign of shrinking 
from his hand in plovers newly hatched in an incubator, 
although " they lay in the drawer with bill on the ground 
and outstretched neck in a well-known protective attitude." 
Other birds evinced some instinctive shrinking at first, which 
passed away almost immediately, so that all the species 
" would run to my hands after a very short time, nestle down 
between them, and poke out their little heads confidingly 
between my fingers. ' ' 

From this it appears that, while the protective instinct 
is congenital and automatic, the specific dread of man is 
purely imitative or imparted, or both. 

Of all the groups of creatures mentioned in the above- 
quoted text from Genesis, none have more cause to entertain 
dread not only of man, but of all other living creatures more 
powerful than themselves, than fishes. However exhilarat- 

3 The Naturalist in La Plata, page 112. 

Animal Intelligence. 15 

ing life on the ocean wave may be, life under the waves is 
one continual frenzied struggle to devour or to escape being 
devoured. Few, indeed, and feeble are vegetarian feeders in 
the sea ; almost every marine animal divides its time between 
pursuit of and flight from its neighbours. Nevertheless, 
deeply as the habit of fear must be ingrained in the nature 
of these creatures, some of them profit very readily from 
reassuring experience, and exhibit a degree of mental recep- 
tivity which removes them very far from the category of 
sentient automata. 

The cod, for instance, occupies a somewhat higher place 
in the animated scale than the aforesaid Mimram trout, yet 
there is hardly any creature, not even the herring, which 
runs so poor a chance of finishing his natural term of life. 
A very moderate-sized mother cod will be delivered of about 
one million eggs in a single accouchement. If one per thou- 
sand of these were to produce a codling that should attain 
maturity there would soon be room for very few other fishes 
in the North Atlantic. But the cod casts its million ova 
adrift in the ocean to be carried hither and thither by the 
currents, and the chances against any one ovum, larval fly, 
or codling escaping the rapacity of other predacious animals 
must be many thousands to one. One might suppose that 
heredity and experience would have combined to render the 
habit of fear and suspicion ineradicable in the survivors. 
But that is not so. The cod is amenable to confidential inter- 
course with man, who is certainly not the least formidable 
of its enemies. 

In the extreme south-west of Scotland, where the 
attenuated promontory ending in the Mull of Galloway pro- 
jects far into St. George's Channel, there is a remarkable 
rock basin, partly natural and partly hewn out of the cliff, 
into which the tide flows through an iron grating. This is 
the Logan fish pond, where for many generations it has been 
the custom to imprison fish taken in the open sea, especially 
cod, to be fattened for the table. If you look quietly over 
the enclosing wall on the landward side you will see a cir- 
cular basin about thirty feet in diameter, fringed with algae, 
and so deep that the bottom cannot be seen through the 

16 Animal Intelligence. 

clear, green water. No sign of life is visible, save perhaps 
a few coalfish or pollack-whiting cruising recklessly round 
the narrow limits, or two or three sea perch routing among 
the seaweed. But the sound of the key turning in the door 
lock and of the keeper's feet upon the wooden stair rouses 
the pond into vehement turmoil. Great brown forms arise 
from the depths; broad tail fins lash the surface, and gaping 
mouths appear in all directions. Experience has taught these 
codfish to associate the sound of the keeper's key and footfall 
with meal-times, and so lulled their natural dread of man that 
they will eagerly take food from his hand. Some years ago 
(I know not whether the same may be witnessed now) the 
aged lady who acted as keeper had imparted further in- 
struction to one or more of these fish. One, at all events, 
a great cod of about 12 lb. weight, suffered her to I'ft him 
out of the water in her arms and place him in her lap, there 
to receive a meal of mussels or soft crab shoved into his 
gullet with a wooden spoon. Truly, one could hardly 
imagine a performance more at variance with the instincts 
and habits of a pelagic fish. 

However fully convinced one may be that the lower 
animals are endowed with conscious and volitional energy, it 
can hardly be questioned that many of their most definite 
and characteristic actions are performed in compliance with 
a motor impulse independent of consciousness or volition ; and 
this not only in extreme youth but at all periods of maturity. 

To select an example first from juvenile behaviour — the 
homely proverb, " It's an ill bird that fouls its own nest," 
is derived from the cleanly habits of nestlings. Mr Lloyd 
Morgan received a spotted fly-catcher, about a day old, with 
eyes not yet open. . . , It was placed in a small chip 
box lined with cotton-wool, and kept in a corner of the incu- 
bator drawer. So soon as it had taken a morsel or two of 
food at intervals of about thirty to forty minutes, it would 
energetically thrust its hindquarters over the edge of the box 
and void its excrement. Jays and other young nestlings also 
show this instinctive procedure. It would be grotesque to 
credit a blind nestling with conscious and deliberate hygienic 
precaution. We ride airily out of the diflficulty by pronounc- 

Animal Intelligence. 17 

ing it to be a " provision of Nature " that young birds should 
act in this way for the safety of their own health. I have, 
indeed, heard this behaviour on the part of young herons 
described as a deliberately defensive measure. If one climbs 
a tree in a heronry and approaches a nest containing young 
birds, they poke their posteriors over the side and discharge 
a copious and malodorous volley upon the intruder. Such 
action has all the appearance of design; but it is almost cer- 
tainly no more than the natural automatic action of young 
herons undergoing visceral disturbance through fear or ex- 

That is an example of very simple functional activity un- 
consciously performed ; but it can hardly be doubted that 
some of the most complex and delicate performances of 
.animals very far down in the animated scale are unconsciously 
discharged, or at least undertaken under a mandate with 
which they automatically comply. The silkworm once only, 
and at an immature stage of existence, spins an elaborate 
cocoon wihch no amount of practice could improve. The 
evidence of design is not to be mistaken ; but who can suspect 
the builder to be also the architect? At a given period of its 
growth the motor nerves of this sluggish larva set in action 
machinery specialised to work up material which has been 
unconsciously stored. The action is wholly independent of 
the creature's volition. It must spin, whether it would or 
no, and it can exercise no discretion in the style or shape of 
its cocoon. 

In the case of spiders, we have the action of an adult 
creature instead of a larva ; yet the process seems to be none 
the less independent of volition. The design is so much more 
ambitious than the silkworm's, the structure so much more 
beautiful and complex, and so closely in accord with the 
principles of human engineering that one has more difficulty 
in dissociating it from the independent ingenuity and con- 
scious skill of the worker. Yet the common garden spider 
{Epeira diadetyia) probably acts unconsciously in setting about 
to spin her web. She (for it is only the female that spins) 
does not reflect before setting in motion the mechanism which 
she has inherited from a remote ancestry, though she 

18 Animal Intelligence. 

exercise some discretion, involving a mental process, in the 
choice of a site for her web. She does not gaze with hungry 
longing upon the flies disporting themselves in the sunshine, 
speculating how, being wingless, she can capture those tooth- 
some, flying creatures. Indeed, it is probable that she cannot 
see them, for the visual powers of spinning, as distinguished 
from hunting, spiders are believed to be very feeble, being 
compensated for by an extraordinary refinement of the sense 
of touch. She simply sets to work to apply the specialised 
mechanism and material with which she is endowed to the 
purpose for which they are co-ordinated. Although cut off 
by the period spent as an egg in a cocoon from all parental 
instruction or example, she is at no loss for a plan. Innate 
functional impulse, which is probably the right definition of 
what we term " instinct," co-ordinate with certain specialised 
organs, directs the creature to the unconscious performance of 
certain definite acts without previous practice or experience. 
First the foundations are laid, in the shape of lines enclosing 
the area to be occupied by the web. From this circumfer- 
ence the radii or stays are drawn to the centre, whence the 
spider works outwards, stepping from stay to stay and laying 
down a thread in a wide spiral to act as scaffolding for the 
finished structure. Finally, having arrived at the limits of 
the operative net, she retraces her steps, working inwards in 
a much closer spiral, laying the transverse threads at the 
proper distance, and devouring, as she goes, the original 
scaffolding threads which enabled her to perform the work. 

If it is diflScult to dissociate such a consummate piece of 
engineering from the operation of a keen intellect, still more 
so is it to regard the infinitely greater complexity of the 
snares produced by certain other spiders as the mere product 
of functional automatism. Nevertheless, that seems to be 
the true explanation. If the spider's weh were the outcome 
of the creature's individual ingenuity and intelligence there 
certainly would be manifest some variation in the design 
among millions of webs by different individuals of the same 
species — some imperfection in first attempts. No such varia- 
tion — no such imperfection — can be detected. There is no 
'prentice hand " among spiders. The first web of the 

Animal Intelligence. 19 

spider is of normal design and perfect construction. Destroy 
it, and the creature will execute another of exactly the same 
design, no better and no worse adapted for the capture of 
passing flies. 

Very different is human performance directed by personal 
intelligence. Suppose that the child of a herring fisher or 
a rabbit-catcher had been left an orphan at five years old and 
removed from the scene of his father's industry to the care 
of some relatives in Glasgow. Circumstances prevail to bring 
him back to his birthplace as a young man and to make it 
expedient that he should earn a living by the same industry 
as his father did. Motor or functional co-ordination will not 
help him much, for he can neither swim like a herring nor 
burrow like a rabbit. He sets his intelligence to work, seek- 
ing instruction from adepts in the craft, and then he must 
obtain suitable apparatus which he could not himself con- 
struct, in the use of which he will certainly be very unskilful 
at first. Even so, he has to avail himself of the example of 
contemporary fishers and trappers, who are themselves in- 
debted for success to the accumulated experience and pro- 
gressive inventions of by-gone generations. But the net 
spread yesterday on your rosebush by Epeira is of precisely 
the same design as those which her ancestors suspended in 
the primaeval forest when our ancestors were spearing salmon 
with bone harpoons and shooting deer with flint-tipped 

The instinctively functional habits of those strange gal- 
linaceous fowls, the Megapodidae — the mound-birds or brush- 
turkeys of Australasia — are so complex as to seem necessarily 
to imply intelligence putting experience to practical use. 
Primarily, no doubt, their domestic economy may be due to 
the functional activity of certain highly specialised organs, 
but they have anticipated human ingenuity by the construction 
of vast incubators, those of some species being co-operative. 
Several hens of the Australian Megapodius tumulus combine 
to form a mound of earth and green foliage, which they 
scrape together with their huge feet, walking backwards 
through the forest and kicking the stuff behind them. It is 
recorded that one such mound measured 150 feet in circum- 

20 Animal Intelligence. 

ference. It is stated that this wais not the work of one 
season, but that fresh material was added each spring before 
a fresh laying took place. The Megapodius is a bird no 
bigger than an ordinary fowl ; but the Australian brush- 
turkey {Tallegallus Lathami) is nearly as big as a turkey. I 
have had the advantage of seeing these birds and examining 
their work in the Duke of Bedford's woods at Woburn 
Abbey. Mr Savile-Kent speaks of the Tallegallus as nesting 
co-operatively ; but the four or five mounds which I saw at 
Woburn seemed each to be appropriated to a separate pair. 
Having piled together a mass of vegetable matter, the hen 
lays her eggs therein, which are then buried in fresh material, 
and left to be hatched by the heat engendered by fermentation 
of the decaying leaves. Nor does she lay them in the 
ordinary sense of the word, on- their sides. If she did, .ind 
neglected to turn them every day, they would assuredly be 
addled. Forasmuch as she has not the faintest intention of 
re-visiting the eggs, they are contrived of a peculiar elon- 
gated shape, like a soda-water bottle without the neck, and 
are set on end in the material of the mound. The chicks are 
hatched in due time, and are often so fully fledged on escaping 
from the shell as to be able to take flight at once and are 
able to find without guidance the food suitable for their needs. 
Hence there is no more possibility of the young birds acting 
upon instruction or in imitation of their parents than there is 
in the case of young spiders, seeing that the old birds evade 
the labour of personal incubation and guidance of the chicks. 
■" Yet," says Mr Savile-Kent, " the mound-constructing in- 
stinct is so strongly ingrained by heredity that young birds 
taken fresh from the nest and confined under favourable 
conditions have at once commenced to construct mounds after 
the characteristic manner of their tribe."'' In doing so, no 
doubt these young and inexperienced creatures are acting 
under a stimulus communicated from the lower brain centres 
along the efferent nerves to legs and feet congenitally de- 
veloped and highly specialised for a peculiar function. So 
far the birds may be regarded as unconsciously exercising 

4 The Naturalist in Australia, page 33. 

Animal Intelligence. 21 

innate proclivity, which, like other idiosyncrasies, attains its 
highest activity at the season of reproduction. When the 
adult Megapode combines for the first time with others of its 
species to construct and stock the incubating" mound it is 
obeying the law, or at least complying with the hahit, which 
has become binding upon its kind. Its acquaintance with 
the obligation may be considered functionally instinctive ; 
but it involves a performance of unusual complexity. Com- 
pliance with an established custom is comparatively easy to 
understand — at all events, it may appear to be so — but specu- 
lation goes adrift in attempting to explain how the custom 
became established. No matter how big the feet and power- 
ful the shanks of the primaeval Megapode may have been — 
no matter how much unconscious satisfaction it may have 
derived from exercising these organs in piling mounds — how 
did it hit upon the labour-saving secret that fermenting 
vegetable substance would supply heat enough to bring the 
eggs to the hatching? Ordinary evolutional analogy seems 
to provide no key to fit these complicated wards, neither is 
one tempted to credit the fowl with knowledge that fermen- 
tation generates heat. It is possible that, seeing how prone 
all gallinaceous fowls are to scraping, the original Mega- 
podes may have so excelled in that activity as to have thrown 
together a fortuitous heap of rubbish, which generated a 
perceptible heat, thereby tempting them to deposit therein 
their eggs. It is well known that mother birds of most 
genera never leave the nest during the period of incubation 
for so long a period as shall expose the eggs to chill. Their 
absence, in our climate at least, is always exceedingly brief. 
So the Megapode may have found by experience that she 
could safely leave her eggs in the rubbish mound for a much 
longer period than in an ordinary nest ; until at last, finding 
the irksome duty of personal incubation to be superfluous, 
she abandoned the practice. 

It will be observed that this hypothesis assigns to the 
mother Megapode a high degree of intelligent observation 
and sagacious application of experience. It may be com- 
pared with the discovery made long since by human mothers 
that the substitution of the bottle for the breast in rearing 

22 Animal Intelligence. 

their babes exempted them from the necessity of foregoing 
social pleasures and from close attendance in the nursery. 
But the human mother has been careful to transmit the 
discovery to posterity. The enigma remains how successive 
generations of Megapodes are able to put the experience of 
their progenitors into practice, seeing that the mother birds 
not only evade the tedium of personal incubation, but entirely 
neglect the education, instruction, and nurture of their 
young ; which, fortunately for ourselves, human mothers 
have not learnt to do. 

From the examples given above, chosen almost at ran- 
dom from thousands of others which present themselves to 
every observer of nature, some material may be gathered 
for an answer to the first question propounded above. It is 
an answer very far from authoritative, explicit, or final, 
consisting mainly of a summary of what is probable. It 
must consist, indeed, of no more than this, that all animals 
arrive at birth endowed with congenital automatism co- 
ordinate with a specific inherited organic mechanism, ready 
to discharge certain functions without the intervention of 
conscious volition. But part of the inherited mechanism 
consists, at least in animals above the lowest grades, of an 
apparatus fitted to receive external impressions conveyed 
along the afferent or incoming nerve-currents, and to respond 
to them by transmitting energy along the efferent or out- 
going nerve-currents. In short, these animals are supplied 
with an intellectual and volitional equipment which, however 
long it may remain ineffective after birth, is capable of and 
destined for various ranges of energy and complexity, and 
differs only in degree and development from the human organ 
•of intelligence. Animals may be judged as coming into the 
world as sentient but unconscious automata, but with mental 
machinery ready to respond in a greater or lesser measure 
to experience. 

Animal Intelligence. 23 

2. Are the consciousness and intelligence of animals the 
physical product of chemical and organic changes taking 
place in the growth of the egg, embryo, or larva, and 
therefore spontaneous in the sense that muscle, bone, 
and blood develop by the spontaneous multiplication of 
cells ? 

" If," says Mr Lloyd Morgan in his fascinating treatise 
on Habit and Instinct — " if on the one hand it cannot be said 
without extravagance that an egg is endowed with con- 
sciousness, and if, on the other hand, it cannot be said with- 
out extravagance that the day-old chick is an unconscious 
automaton, there must be some intervening moment at which 
this consciousness has its origin. When is this, and how 
does it arise? If we attempt to answer this question with 
anything like thoroughness, we shall open up the further 
question — From what does consciousness take its origin? 
And this would lead to a difficult and, for most of us, not 
very interesting discussion." Be it interesting to many or 
few, herein lies enfolded the secret hitherto most jealously 
guarded from human scrutiny — an enigma to which no 
student of nature can be indifferent. None but a physiologist 
— which, of course, I have not the slightest pretence to be — 
need presume to offer any help to its solution ; but any intel- 
lect of moderate training may derive advantage from recog- 
nising and examining the nicety of the problem. Modern 
lawyers have pronounced that, from the moment of concep- 
tion, the human embryo has the nature and rights of a 
distinct being — of a citizen — and accordingly the law deals 
with one who procures abortion as a criminal. Plato and 
Aristotle sanctioned the current opinion of their day that 
*' it was but a part of the mother, and that she had the same 
right to destroy it as to cauterise a tumour upon her body. "^ 
Between these two extreme opinions perhaps lies the truth, 
namely, that at a certain stage of development the foetus in 
one of the higher animals acquires individual, probably 
sentient, though still unconscious, automatism. This is 

5 Lecky's European Morals, i., 94 (ed. 1869). 

24 Animal Intelligence. 

hardly a suitable place for the discussion of a theme of this 
kind. Let us take a bird's egg, as more convenient to 

Consciousness may seem too big- a term to connote the 
chick's sensation of imprisonment within the shell, and its 
impulse to escape, as indicated by hammering and cheeping-; 
thoug-h it mig-ht pass without comment as explanatory of the 
action of the adult hen, thrusting her neck vigorously 
through the bars of the coop and straining for liberty. But 
Mr Hudson has observed concerning several species of birds 
in widely separated orders that, before the shell of the egg 
was cracked, the chick within, hammering and " cheeping 
in its attempt to get out, would cease instantly and lie per- 
fectly still when the parent bird sounded the note of danger, 
but would resume operations when she uttered a reassuring 

From this it appears that the consciousness of the un- 
hatched chick is sufficiently active to exchange oral com- 
munications with a mother outside the shell. In fact, the 
chick has been born before it is hatched, and it is suggested 
that it must be regarded as sentient and conscious from the 
moment it pierces the air-chamber within the egg and 
becomes a lung-breathing creature. 

The young of gallinaceous and certain other fowls dis- 
play upon hatching a much more precocious intelligence than 
other nestlings. They are able to run at once, the Mega- 
podes, as aforesaid, being actually able to fly at once and 
cater for themselves. Their motor organs are so well 
developed as to respond immediately to their congenital 
automatism ; whereas those birds which are hatched blind, 
and depend upon food being brought to the nest by their 
parents, acquire the power of locomotion slowly and more 

6 Naturalist in La Plata, p. 90. Mr Lloyd Morgan has dis- 
tinguished at least six notes of different significance uttered by 
domestic chicks, namely, the gentle "piping," expressive of oon- 
-tentment ; a further low note, expressive of enjoyment ; the danger 
note of warning ; the plaintive ' ' cheeping, ' ' expressive of want ; a 
sharp squeak of irritation ; and, lastly, a shrill cry of distress, as 
when a chick gets separated from the rest of the brood. 

Animal Intelligence. 25 

or less awkwardly. Similar want of uniformity prevails 
among mammals. Horses, deer, sheep, and cattle are born 
with some power of locomotion, with sight, hearing, etc., 
in active operation, and with mental powers in exercise. The 
rabbit is born blind, and, though sentient, scarcely conscious 
for ten or twelve days after birth ; a period corresponding 
to about a year of the human span of life. Puppies and 
kittens also are born blind and helpless ; and man, though 
born with open eyes, remains helpless and dubiously con- 
scious for many months.*^ 

Again, certain animals which in an early stage of exist- 
ence may possess a dim power of reflection, and exercise 
volition in locomotion and the quest for food, pass through 
a subsequent comatose and unconscious phase. Thus a 
caterpillar falling into the middle of a road sets off at top 
speed for the nearest verdure. A few weeks later it loses 
all power of locomotion, and perhaps all consciousness, 
although the motor nerves of the chrysalis cause muscular 
movements when it is touched. The chrysalis of the death's- 
head moth (Acherontia atropos) squeaks audibly when 

It seems, then, impossible to indicate precisely the 
period of existence when consciousness begins. Although 
the lion cub is born with legs and eyes, the eaglet with 
wings, these legs, eyes, and wings cannot be put to use for 
long afterwards; but the foal in the strawyard, the plover 
on the moor, exercise both legs and eyes from the first. The 
common Mayfly {Ephemera danica) spends three years as an 
unlovely larva, living in mud, swallowing much and match- 
ing the mud in colour. At the end of this obscure, not to 
say obscene, period of probation, after passing through 

7 In the Personal Reminiscences of Sir Frederick Pollock, vol. 
ii., pp. 188-9, the following incredible passage occurs: — " DugakI 
Stewart was once asked what was the earliest thing he could 
remember. He said it was being left alone by his nurse in his 
cradle and resolving to tell of her as soon as he could speak." 
My sole object in quoting this is to give an exar.i;ilo of the kind 
of uncritical rubbish has to be cleared away before anj' progress 
can be made in penetrating the supersensory mystery. 


several trivial, yet critical, phases, it suddenly appears as a 
delicate, exquisitely graceful winged creature, endowed with 
magnificent power of flight, which it puts to immediate use 
without the preliminary of a trial trip. It baffles our sense 
of purpose to understand why all the tedious and ignoble 
years of preparation should not be the preface to prolonged 
exercise of perfected faculties. The pathetic truth is that 
the Mayfly seldom survives a second or third sunrise after 
becoming a perfect insect. Flight, love, reproduction, and 
death — all are enacted within the space of a few hours. The 
surface of the water will be thickly strewn with the wreckage 
of the pretty creatures that rose from its depths but yester- 
day ; for eleven months to come it may be that not a single 
Mayfly will dance in the glade that was so lately dim with a 
mist of them. 

Seeing, then, how irregular is the period that elapses 
between the birth of animals and their attaining control of 
the motor faculties, it may be understood that similar uncer- 
tainty must surround the question how soon the brain, or its 
equivalent in the lowest grades, supplies any creature with 
consciousness or intelligence. From the precocity of in- 
stinctive activities, such as was exhibited by Mr Hudson's 
young jacana, there may be inferred a corresponding for- 
wardness in the birth of intelligence, because animals which 
are soonest thrown upon their own resources must be 
readiest to exercise their wits or disappear from the scene 
of life. 

The growth of the organ of intelligence may be assumed 
to be spontaneous and its powers and functions congenital ; 
but it does not seern certain, as is popularly supposed, that 
the cardinal difi'erence between the mental powers of man 
and those of the lower animals is that the first are capable 
of indefinite range, whereas the second are stationary within 
fixed limits. It is possible sometimes to note a forward 
movement in the intelligence of individuals very low in the 
organic scale, with corresponding effect upon the habits of 
the race. Perhaps in no creatures are the habits and actions 
more rigidly stereotyped than they are in bees; yet the 

Animal Ixtelligexce. 27 

following instance of novel behaviour on the part of humble 
bees seems to indicate prog-ressive intelligence. 

It is many years since I first noticed that the blossoms 
of the blue sag'e {Salvia patens) in my garden in Scotland 
had all been bitten across the throat just above the stiff 
calyx. Upon examining flowers of the same species in a 
Berkshire garden, I found that they were intact, though 
there were plenty of humble bees about, and so were those 
in a Scottish garden not twenty miles from my own. Now 
this sage is a native of Mexico, and possesses a beautiful 
structure to secure cross-fertilisation. The beak of a hum- 
ming-bird or the proboscis of a moth, inserted into the tube 
of the flower, presses on a lever which causes the anthers to 
descend from their position in the upper lobe of the corolla 
in such a manner as to deposit upon the bird's head or 
insect's back a mass of yellow pollen, part of which is sure 
to adhere to the stigma of the next flower visited. The 
honey glands of the sage are very productive, but the tube 
of the flower is narrow and difficult, prohibiting the passage 
of our substantial bumble bees. My suspicion fell upon 
these as the burglars, although they were equally plentiful 
in all the three gardens referred to, and the flowers had only 
been injured in one of them, because I had already observed 
that the bumbles treated the long spurs of yellow toadflax 
in similar unscrupulous fashion. My suspicion was con- 
firmed by detecting a bumble in the act upon a blue salvia. 

It may be objected that, after all, here is evidence, not 
so much of intelligence as of a keen scent for honey and a 
sharp pair of jaws. Quite so ; but then why has the practice 
not become universal in the bees of all gardens? Moreover, 
in the summer of 1902, I found that the bumbles in my own 
garden had improved upon their earlier practice. For 
several years, the incision was made at the front of the 
throat of the flower, where the diameter of the tube is 
greatest. It seems to have dawned upon the bees that the 
shortest way is the best, because now they invariably bite 
through the side of the tube where the diameter is smallest. 
Yet in all the years that have elapsed since the introduction 
of the blue sage from Mexico, it is only some bumble bees 

28 ANIMAL Intelligence. 

that have devised a summary access to the honey-g-lands, and 
of these bees, only a few have discovered the easiest method 
of entrance. Moreover, each generation of bees has to make 
the discovery for itself, for no bumble bee survives the winter 
to impart instruction to the coming generation, 

J, — Is the conscious intelligence exoteric? In other words, 
is it the consequence of external and superior mandate 
or suggestion, acting upon a suitable physical recep- 
tacle ? 

This question leads upon ground upon which the light 
of scientific evidence has scarcely fallen as yet. In those 
remarkable chapters of the Book of Job, the 38th and three 
following ones, wherein the Lord answers Job out of the 
whirlwind, there is a great deal of reference to matter most 
interesting to the zoologist. They should be read, for 
lucidity, in the Revised Version : — 
The wing of the ostrich rejoiceth. 

But are her pinions and feathers kindly (or like the stork's)? 
For she leaveth her eggs on the earth. 
And warmeth them in the dust. 
And forgetteth that the foot may crush them, 
Or that the wild beast may trample them. 
She is hardened against her young ones, as if they were not 

Though her labours be in vain, she is without fear ; 
Because God hath deprived her of wisdom. 
Neither hath He imparted to her understanding.^ 

Here the author of life is considered naturally as the 
source of consciousness, nor is any other source likely to 
suggest itself to one who feels that there must be a design- 
ing, controlling, and directing head of the universe. To 
•expunge that factor from our speculations only lands us in 
darker perplexity. Yet of the nature of that Controlling 
Head, " whom no man hath seen or can see," and of the 
means whereby He may communicate mandates or inspire 

8 .Job xxxix., 13-17. 

, Animal Intelligence. 29 

intelligence, we have nothing- in the shape of evidence.^ 
Wherefore it may seem idle to propound a question to which 
no answer can be forthcoming. Howbeit, man's curiosity- 
is insatiable ; a systematic and resolute attempt has been 
undertaken to fathom the abyss of supersensory phenomena. 
The late Mr Frederick Myers applied a disciplined intellect 
to the collation and analysis of hyperphysical experience. 
He was no dreamy enthusiast, subordinating his critical 
faculties to prepossession or emotional preconception ; he was 
an advanced and erudite evolutionist, versed in the limita- 
tions of scientific inquiry, and applying its method to the 
elucidation of matters which most men of science dismiss 
either as illusory or outside and beyond the range of re- 
search. Few have been found so daring as to follow Mr 
Myers over the threshold of his laboratory, or even to grasp 
the reality of the enigma to which he addressed himself — 
not venturing to hope for a solution, only to detect a path 
which might lead to one; nevertheless, none who is con- 
scious, how^ever dimly, of the presence of a psychical pro- 
blem, or who has speculated, however inconsequently, upon 
the phenomena of sympathy, suggestion, will, trance, and 
automatism, can fail to perceive in Mr Myers's posthumous 
volumes^" the direction in which advance must be made, if 
the road is not inexorably barred to human penetration. 

The inquiry is concentrated upon the spiritual part of 
the human animal. " Human personality, as it has de- 
veloped from lowly ancestors, has become differentiated into 
two phases : one of them mainly adapted to material or 
planetary; the other to spiritual or cosmic operation;" and 
he proceeds upon the assumption that the first is the " self," 
of which every human being, from the West Australian 
savage to the veriest mondaine, is conscious ; and that the 
second is a subliminal self, withdrawn from normal con- 
sciousness, below or behind the natural man or woman, 
distinct from the workaday intellect, and beyond the control 

9 Doctrine — plenty of it ; dogma — enough and to spare ; but of 
evidence in the strict sense, not a jot. 

10 Human Personality and its Survival of Bodilt/ Death (2 vols.). 


30 Animal Intelligence. 

of the will except so far as the individual may deliberately 
suppress its monitions. i^ Now, I have neither the wish nor 
the power to pronounce whether Mr Myers's conclusions are 
soundly deduced from accumulated and well-sifted evidence, 
or whether they should be dismissed as plausible and seduc- 
tive hypothesis. But I will go so far as to suggest that, 
supposing Mr Myers to have touched a clue which may lead 
to proof of the existence of a subliminal self — the receptacle 
of the spirit of man — and that this spirit, as has been firmly 
believed by many persons in all ages, is sensible of and 
obedient to the promptings, injunctions, and warnings of an 
external power, further research may identify in creatures 
lower than man a subliminal self, similar in function and 
relation, though inferior in range, to that of man. Herein 
might be traced to their source the compliance of all animals 
with the rules which regulate their behaviour and habits ; 
the secret impulse which causes the chafTinch to adhere, 
generation after generation, to one type of nest and the rook 
to another; and the impalpable currents of affection, fear, 
hate, and other psychical forces, which act independently 
of the intellect. 

It is difficult to explain the co-operative instinct of dogs 
as the mere outcome of co-ordinate, congenital activities. 
Through what avenue has a dog derived a sociable impulse so 
inveterate that, even when it is segregated from its own kind 
and adopts man as a comrade, it can do nothing alone? There 
are depraved dogs which will go hunting and marauding alone, 
but they are very rare ; and perhaps are acting under some 
perverse suggestion that has found its way to their subliminal 
conscience. As a. rule, dogs will only hunt in couples, in 
packs, or singly when associated with a human master or 
mistress. From the stateliest deerhound to the puniest lap- 
dog, none will take exercise alone; provide an acceptable 
human companion, and the dog will travel all day. And sup- 
pose that it should ever be proved that dogs act according to 

11 The most primitive races act in the belief that there is part 
of a man's being beyond his body and his mind. Some of them dread 
suddenly rousing a person from his sleep, lest his soul be wandering, 
and, being unable to return in time, death should ensue immediately. 

Animal Intelligence. 31 

the mandate imposed upon their kind by a superior power, 
conveyed through a channel hitherto inscrutable, how could 
animals lower than dogs — hermit crabs, for example — be de- 
clared incapable of receiving- similar supersensory stimulus? 

In justice to Mr Myers' memory, let it be said plainly that 
he never lent himself to any such hypothesis. On the con- 
trary, his whole treatise is confined to human personality, and, 
among human beings, only the elect, as it were ; those who 
have begun to realise their latent privileges. He compares 
the process of supersensory development to the primitive 
stages of animal evolution, when the pigment spot on the 
skin of some rudimentary organism first became sensitised 
to light, and the creature received a novel sensation. 

The frontier between human beings and other creatures 
can only be drawn dogmatically and, so to speak, irrationally. 
Their characteristics and actions blend imperceptibly. Rather 
than accept Mr IMyers' exclusive doctrine, it is easier for minds 
accustomed to ponder upon the behaviour of animals to be 
frankly teleological, and to admit the probability of a Supreme 
Being and His invisible ministers communicating decrees 
■through a medium of which none is more than dimly and 
speculatively conscious. 

Assuming a First Cause, instinctive activities in the lower 
animals may be regarded as the comparatively simple and 
intelligible results of forces initiated by him, acting unerringly 
in prescribed directions by means of co-ordinate organs 
modified by evolution. It is in accordance with the plan of 
nature that, in their performance of instinctive activities, 
certain insects should unconsciously take an indispensable part 
in the fertilisation of flowers specially adapted to take advan- 
tage of their visits. An extreme instance mfinitely more be- 
wildering presents itself when the preservation of the race of 
both insect and plant depends upon the insect acting with as 
much circumspection and precision as could be shown by a 
human cultivator. Such is the well-known behaviour of the 
yucca moth (Pronuba yucasella). This insect haunts ex- 
clusively the flowers of the yucca, and, collecting pollen from 
one blossom, kneads it into a pellet which she carries by means 
of specially enlarged palps in her flight to another flo\\er. 

32 Animal Intelligence. 

Here she pierces the pistil and deposits her eggs among the 
ovules or unfertilised seeds, and then swiftly runs to the top 
of the pistil and pushes the pollen-pellet into the wide mouth 
of the stigma. Observe, that without this interchange of 
offices between insect and plant, the race of each would cease 
to exist. It has been proved that the ovules cannot be 
fertilised unless pollen, preferably from another blossom, is 
intentionally inserted into the funnel of the stigma; if they 
were not so fertilised they would afford no food for the grubs 
of the ministering moth. When all goes well, the grubs eat 
about half the ovules, leaving a hundred or so to ripen as 
seeds, and to perpetuate the herb which is essential to the 
existence of the moth. It is difficult to recognise merely 
sentient automatism in the means by which this inter-depend- 
ence of host and guest is maintained, the action closely re- 
sembles that of effective consciousness. Yet if it be extrava- 
gant to attribute to the moth an understanding of vegetable 
physiology, what is left but to speculate upon the source 
whence the race of Pronuba derives the impulse directing each 
individual female moth to go through the very same complex 
performance? " Amid the mysteries," wrote Herbert 
Spencer, " that become the more mysterious the more they are 
thought about, there will remain the one absolute certainty, 
that we are ever in the presence of an infinite and eternal 
energy, from which all things proceed." 

Among those who have devoted their lives to probing the 
enigma of animal intelligence, none has done so with more 
scrupulous industry in experiment and vigilant research than 
the late Henri Fabre. His years were prolonged so far bovond 
the usual span that it was his privilege, through reiterated 
jbservation, to check, recast, and, in some cases, to revoke his 
earlier impressions and conclusions. Focussing all his pene- 
trating wits upon the insect world, he not only placed on record 
a detailed description of the routine behaviour of many genera 
and species, but also submitted to intense scrutiny the actions 
of individuals when placed in unfamiliar environment and 
abnormal circumstance. Fabre's opportunity for this study 
was so favourable and prolonged — he turned it to such ad- 
mirable purpose by scientific method and untiring patience, 

Animal Intelligence. 33 

that I am tempted to wind up this vaguely speculative paper 
by quoting a few sentences from his " Memoires Entomo- 
logiques " : — 

" Facts speak so loudly that I do not hesitate to translate 
their evidence as I understand it. In msect mentality we have 
to distinguish two very different domains. One of these is 
instinct properly so-called, the unconscious impulse that pre- 
sides over the most wonderful part of what the creature 
achieves. . . . It is instinct alone that makes the mother 
build for a family which she will never see ; that counsels the 
storing of provisions for the unknown offspring ; that directs 
the sting towards the nerve-centres of the prey and skilfully 
paralyses it, so that the game may keep fresh ; that instigates, 
in fine, a host of actions wherein shrewd reason and consum- 
mate science would have their part, were the creature acting 
through discernment. This faculty is perfect of its kind from 
the outset, otherwise the insect would have no posterity. 
It is not free nor conscious in its practice any more than is the 
faculty of the stomach for digestion or that of the heart for 
pulsation. . . . But pure instinct, if it stood alone, would 
leave the insect unarmed in the perpetual conflict of circum- 
stance. No two moments in time are identical ; though the 
background remains the same, the details change ; the unex- 
pected rises on every side. In this bewildering confusion, a 
guide is needed to seek, accept, refuse, and select. . . This 
guide the insect undoubtedly possesses to a very manifest 
degree. It is the second province of its mentality. Here it 
is conscious and capable of improvement by experience. I 
dare not speak of this rudimentary faculty as intelligence, 
which is too exalted a title. I will call it discernment. 
So long as we confound acts of pure instinct and acts of dis- 
cernment under the same head we shall fall back into those 
endless discussions which embitter controversy without 
bringing us one step nearer the solution of the problem. Is 
the insect conscious of what it does? Yes and no. No, if 
its action is in the province of instinct ; yes, if the action is in 
that of discernment. "12 

12 Bramble Bees and Others, by J. Henri Fabre, traiislattHl by 
A. Texeira de Mattos. 1915. 

;H The Ruthwell Cross. 

30th December, 1916. 

Chairman — Sir James Crichtox-Browne, F.R.S., LL.D. 

The Ruthwell Cross in its Relation to other Monuments 
of the Early Christian Age. 


The Ruthwell Cross (Fig. i) is unique, as a design never 
exactly repeated; but it is only one of a class of monuments 
which must be studied together if any single example is to be 
understood at all. In this paper an attempt is made to con- 
dense the history of these monuments into a few pages, and 
to find the place of the Ruthwell Cross in the series. The 
illustrations, except Figs. 3, 29, 31, and 33, are from drawings 
by the writer, in some cases restoring fragments to suggest 
their original place in the design ; for without such restoration 
fragments are meaningless. The blocks of Figs. 9, 18, 20, 
22, 22, 26, 27, 29, 32, and 34 have been kindly lent by the 
Yorkshire Archaeological Society; those of Figs. 17 and 30 by 
the Thoresby Society; those of Figs. 11, 12, 24, 28, 31, 23y ^rid 
36 by the Cumberland and Westm.orland Antiquarian Society ; 
and those forming Fig. 3 by the Dean and Chapter of Durham, 
through Mr Thos. Caldcleugh. For these loans thanks are 

Stones bearing the sign of the cross were not unknow n 
abroad in the early Christian age, but there is no instance of 
the free-armed and ornamented cross-shaped monument until 
we come to the series now to be discussed. In Britain, pre- 
Anglian cross-marked monuments are represented by the rough 
Chi-Rho stones of Penmachno (North Wales), W'hithorn, and 
Kirkmadrine, 5th to 7th centuries a.d. At Maughold, Isle of 
Man, are forms connecting these with Anglian monuments ; 
but if they are really the parents of the tall cross, links to com- 
plete the evidence are wanting. 

In the north there were no skilled stone-carvers (after the 
Romans had gone) until the building of decorated churches bv 
St. Wilfrid and Benedict Biscop — St. Andrew's, Hexham, 

The Ruthwell Cross. 35 

begun 672; St. Peter's, Monkwearmouth, 675; St. Paul's, 
Jarrow, consecrated 684. The cross set up by King Oswald 
at Heavenfield in 635 was of wood (Bede, H.E., iii., 2), per- 
haps suggested by the crosses of Columban lona, where 
Oswald was educated (according to Skene, Celtic Scotland, 
ii., 154; and Adamnan, i., i, seems to support the statement). 
At the time the crosses now seen at lona had not been made ; 
those mentioned by Adamnan appear to have been wooden, 
like all the early missionaries' crosses. But these, and especi- 
ally Oswald's " sig-becun," standard of victory, are likely to 
have beep imitated in stone, when stone-carving became pos- 
sible by the importation of craftsmen in 672 and later. 

Among the relics of St. Wilfrid's Church at Hexham are 
parts of a slab (one piece at Hexham, two at Durham) carved 
with naked figures, animals and scrolls. I follow Professor 
Lethaby's example {Archceol, Joiirn., Ixx., 157) in trying to 
restore these together, though my attempt comes out dif- 
ferent, owing to a difference in measurements (Fig. 2). Com- 
mendatore Rivoira thinks this slab a work of Wilfrid's time 
{Lomh. Arch., English edition, ii., 143); to me it looks like 
Roman work from Corstopitum, whence Wilfrid's builders 
took other stones. But it seems to show that decorative 
carving was used in the church. Its style, distantly derived 
from such work as the Ara Pacis Augustae of B.C. 15, is fol- 
lowed in the Hunter relief at Jarrow; and this slab, or other 
such, may have served as the first suggestion for the use of 
figure-scrolls in Anglian art. 

Some years, however, must have passed between the in- 
troduction of this kind of ornament into ecclesiastical work in 
Northumbria and the invention of the tall cross, to which it 
was applied. That the work was finely executed from the 
beginning — and we have no rude or tentative examples leading 
up to it — seems to show that it was, at first, some architect's 
fortunate idea, upon which trained carvers were employed. 
The remains and their distribution indicate two early centres, 
one at Hexham and one more to the east ; and the invention 
was probably made towards the close of the 7th century. The 
motives of patterns and the use of the chisel were imported, 
but not the general design of the cross as such ; no foreign 

36 The Ruthwell Cross. 

workmen could have brought these designs ready-made from 
abroad, for no such crosses are known in. early Continental 

The Hexham school is represented by the famous Acca 
Cross (Fig. 3), now at Durham, but almost certainly the grave- 
stone of bishop Acca, who was buried at Hexham in 740 
between " two crosses of stone, ornamented with admirable 
carving," as Symeon of Durham says (Hist. Reg., 740). 
Rivoira, who has upset many early dates formerly given to our 
relics, is cf opinion that this cross may be of the middle of the 
8th century {Lomb. Arch., ii., 143). Its design is already on 
the way to a florid development of the simple Hexham motives, 
seen in the shaft now at the Spital, Hexham (Fig. 4), which is 
much more severe in treatment, and looks like an earlier work. 
But on one side it bears a Crucifixion, not unlike that at Ruth- 
well, which has been thought to mark a later period. Now, 
there are over twenty crucifixes on crosses of the 9th and loth 
centuries in Northumbria, showing that the subject became 
common, in very various forms of treatment of drapery and 
attitude. But the same variety is seen in still earlier work — 
e.g., 7th century Syrian bronze, fully draped (figured in Forrer, 
Reallexikon, p. 428) ; 7th or 6th century silver reliquary from 
Birka, Sweden, rudely " stylised," apparently with loin-cloth 
{ibid., p. 877); 6th century Monza, full tunic; 6th century 
Achmim, Egypt, nimbed figure between sun and moon, long 
drapery {ibid., p. 427); 6th century gold brooch, Rosenberg 
collection at Karlsruhe, nimbed figure between sun and moon 
and two thieves, full drapery {ibid., p. 427); 5th century, Sta. 
Sabina, Rome, naked figure with loin-cloth ; 5th or 6th cen- 
tury, ivory box in the British Museum, naked figure nimbed, 
with loin-cloth {ibid., p. 427); early classic gem, British 
Museum, naked figure with loin-cloth on a T-cross {ibid., 
p. 427). These suggest that there is nothing impossible in 
dating the Hexham and Ruthwell crucifixes to the 8th century. 

The style of art arising at some other centre than Hexham, 
perhaps at one of Benedict's foundations, is represented by a 
group of crosses in county Durham and north Yorkshire, 
probably contemporary with the earlier Hexham work. They 
connect with St. Cuthbert's cofifin, now at Durham, and pre- 

The Ruthwell Cross. 37 

sumably made in 698, bearing- chisel-sketches of saints and 
angels with runic and Roman lettering of the type which 
may be assigned to the period. These figures are less elabo- 
rate than the carvings on stone, which could be carried farther 
in the way of finish ; but they show the same subjects and the 
same feeling as can be seen on a shaft at St. Andrew's, Auck- 
land (Fig. 5). And together with the angels, and saints 
AND(reas) and Px'\(ulu)S, this shaft bears scrolls of leaves and 
fruit, with animals and an archer, all very carefully drawn 
and executed, without the ready-made conventions of a fully 
developed style. It looks like a rather early work of its kind. 
At Croft, near Darlington, a cross-shaft (Fig. 6) shows 
animal scrolls on two sides, and on the third a very dainty 
leaf scroll ; but on the fourth, a plait ingeniously woven of one 
continuous thread into an elaborate pattern. Now just as the 
scrolls are from foreign art, so are these plaits ; they were 
common to the ornament of the period throughout Christen- 
dom. But they changed from age to age, and their changes 
as seen in Italian architectural carving supply means for 
checking the development in Britain. A few instances, given 
in Fig. 7, with Rivoira's dating, will show how the simple 
braids of Roman ornament, imitated in stone-reliefs in the 
sixth century in Ravenna work, became more elaborate in the 
plait of about 737 at Cividale (Lomb. Arch., i., 102), formed, 
like the Croft plait, of one continuous strap. About that time 
a second member is seen, making an easier design, in the 
Valpolicella figure-of-8 threaded on an open twist (ibid., i., 
144) ; and the surface-covering in linked squares at Toscanella, 
commoner in the 9th century, is dated by Rivoira as early as 
739 {ibid., i., 126). Entering the 9th century, we find the 
contrast of rectilinear and curved forms at Cattaro, 809 {ibid., 
1., 157), and at St. Apollinare in Classe, Ravenna {ibid., i., 
139) ; that is to say, the design, as an intellectual feat, is sim- 
plified and greater picturesque effect is gained at a small ex- 
pense. In the nth century we have plaits of many members 
— easy to draw, as compared with the early entanglements of 
continuous cords or straps — at Montefiascone {ibid., i. , 212), 
and the repetition at St. Ambrogio, Milan, of ring-knots 

38 The Ruthwell Cross. 

(i., 205, 233-4) — ^ ^^''y 6^sy pattern, though requiring neat- 
ness and skill to draw with regularity. 

This development of plaits only follows the usual course of 
art history — simple motives ; ingenious elaboration ; and then 
devices to give rich effect with saving of intellectual labour. 
The first step in labour-saving was to introduce the second 
member in a plait, which in Italy was known by the middle 
of the 8th century. Now, allowing time for the arrival of 
fresh ideas in Britain by the import of decorated objects and 
the observations of travellers, we get an independent means of 
dating design in our island. The continuous plaits of the 
finest Anglian crosses must be roughly of the first half of 
the 8th century ; the plaits imitating them, but of two mem- 
bers, of the second half of that century. Angular plaits and 
freer treatment come into use during the 9th, and the ring- 
knot and other easy devices in the loth and nth centuries. 
None of the fine figured crosses we class as Anglian bear the 
later kind of plaits ; none of those we class as \'iking Age bear 
the elaborated symmetrical plaits of the Anglian. The Croft 
continuous plait is of early 8th century type ; the Bewcastle 
two-member plait is of late 8th century type. And the analogy 
of the Ruthwell Cross to Bewcastle Cross suggests a similar 

Hackness Cross (Fig. 8) is inscribed in memory of an 
Abbess Ethelburga ; which of three named in history is not 
certain (see Searle, A.-S. Bps., Kings, and Nobles, pp. 282-3, 
and his references). But it must have been made in the 
Anglian age, because the nunnery, founded 680, was burnt by 
the Danes in 869, and not restored until after the Norman 
Conquest. The Normans would not have dedicated a cross to 
an Anglo-Saxon saint with such words as " May thy houses 
[nunneries] ever be mindful and love thee, most loving 
mother. Holy Abbess Ethelburga, pray for us !" The cross 
is therefore pre-Danish, and its severe scroll and continuous 
plait suggest the middle of the 8th century. 

Of about this time there is a coin of King Eadberht 
(737-758) with a beast grotesquely kicking up its hind-leg. 
It may have had some significance; but the same idea is 
repeated on the shortest of the crosses at Ilkley Church (Fig. 

The Ruthwell Cross. 30 

9), as Mr George Benson, of York, first pointed out to me. 
This shaft bears also a saint with a book and other figures 
of animals of imaginary but graceful forms, which seem to be 
a later, but not very much later, development of the beasts of 
Auckland and Crofl. This stone, therefore, I should place 
rather late in the 8th century. 

A cross-shaft with similar beasts can be put together from 
fragments at Aldborough Museum and Cundall, as Mr G. W. 
Haswell, of Chester, first observed. The restored part of the 
shaft is 8 feet high ; there was at least one panel beneath, and 
the whole makes a very fine monument, though the human 
figures are too defaced to be explained. Among the beasts of 
the graceful Anglian type, monstrosities, but still drawn with 
some notion of animal form, is one reaching down its head 
between its forepaws to bite at berries. Later on, we find at 
Colling'ham a stone (Fig. 26) with a beast in the same attitude, 
but drawn in a style and associated with ornament of the 9th 
century ; it is a survival of this Aldborough motive, because 
the meaning of the action is lost — the beast at Collingham has 
no berries to bite. The Aldborough shaft is therefore earlier, 
and no doubt of the 8th century, but late in that century, by 
the loose design of the plaits. The *' impost capitals " of the 
architecture to the figure-panels are in the shape of which 
Rivoira {Lamb. Arch., passim) gives examples of the 5th and 
6th centuries ranging from Jerusalem to Grenoble ; the fashion 
seems to have died out during the period in which Anglian 
crosses were made; and the appearance of these " impost 
capitals " on a cross adds a reason for dating it to the Anglian 

To take another line of evidence. The Ormside Cup in 
the York Museum bears on its sides (Fig. 11) bird-scrolls like 
those of Croft and other Anglian crosses. The base (Fig. 12) 
has been roughly patched ; but the rim has been carefully 
repaired, after damage, with work which Mr E. Thurlow 
Leeds, F.S.A., of the Ashmolean Museum, Oxford, has shown 
to be of the period about 900 a.d. (Liverpool An7ials of 
Archcpol., March, 191 1). This means that it was old by that 
time, and consequently a work of the Anglian age. Its pat- 
terns, seen on crosses, fix them to that period. The bosses and 

40 The Ruthwell Cross. 

knots of the base are those of the Northallerton Cross (Fig. 
13), which bears also scrolls, developed from the Hexham 
Spital type, and two unusual motives — a key-pattern and a 
chevron border. The chevron is seen also in crossheads at 
Ripon and Carlisle, and in the very beautiful " Loaves and 
Fishes " cross at Hornby, in North Lancashire (Fig. 14), 
with a bit of inscription in Anglian minuscules, and rather late 
Anglian plaits, but no scroll-work. 

One of the finest Yorkshire crosses was that at Otley 
{Fig. 15, restored from four fragments). It combines most 
of the motives so far noticed ; and what remains of the group 
of the monk kneeling before the angel holding a cross (the 
foot of which is seen) is beautifully carved. The scroll-work 
is fine and bold, derived from Hexham, but developed, as it 
would be, towards the end of the 8th century. 

We have already collected enough examples — though 
these are a very small part of the whole mass of remains — 
to show that Northumbria in the 8th century was the home of 
a considerable school of decorative art. To form such a school 
there must be circumstances favourable to their work. If 
the picture usually drawn of Anglian history is true — Rivoira 
sums it as " discord, revolt, and slaughter; fire, pestilence, 
famine " (Lomb, Arch., ii., 155) — how could the favouring cir- 
cumstances be found? 

Closer knowledge of the period shows that it was really 
an age of peace and plenty, following an era of great activity 
in the 7th century. The few wars were mainly victorious, and 
the troubles of the royal families — for late in the 8th century 
there were two rival dynasties — do not seem to have affected 
the people in general. There were court intrigues and faction 
fights between the retainers of the royal houses ; but the real 
ruler of the people was the Church, and its organisation con- 
tinued unbroken. The Church was patron of the arts, espe- 
cially of monumental sculpture. Many of the sites w^here 
crosses of this age are found are kno\vn to have been 
abbeys ; and as persons of importance were usually buried at 
abbeys, it is probable that all Anglian crosses were set up as 
memorials at some kind of religious house. And the activity 

The Ruthwell Cross. 4i 

and culture of the Church in that period can be seen in its 

The 8th century beg"an with Bede and ended with Alcuin. 
The school of Vork was the greatest " university " in 
Europe ; it supplied books to Charlemagne's library and 
taught theology, letters, and law before the schools of Paris 
and Bologna had arisen. It sent missionaries to pagan Ger- 
many. It eclipsed even lona, the most venerable of early 
schools in the West. 

In native poetry the century produced work of great in- 
terest and variety. Beowulf " may have been composed as 
early as the middle of the 7th century, but was written down 
perhaps some 50 years later, . . its original language was 
the Anglian, i.e.. the Northern variety of the Anglo-Saxon 
speech " (Professor Sedgefield, Beowulf, xliii). The Christ 
of Cynewulf is a still more wonderful production. " Critics 
are at one in placing the ' floruit ' of its poet during the second 
half of the eighth century " (Professor Gollancz, Cynewulf s 
" Christ," xxii.). 

Now, one of Cynewulf 's poems — for The Dream of the 
Cross is the introduction to his Ele)ie, a poem on the dis- 
covery of the true cross by St. Helena — is quoted on the 
Ruthwell Cross. This shows that the cross-designers were 
people of culture, and English by nationality ; they were aware 
of the association of the two arts of sculpture and literature ; 
they practised, or at least patronised, both. And it gives 
evidence of the date of the cross ; for the poem must have 
been in its fresh vogue when it was thought worthy of illus- 
tration in stone. 

Before the time when doubt was thrown by Signor 
Rivoira and Professor Cook upon the old dating of the Bew- 
castle and Ruthwell crosses, most of us accepted the idea that 
they were both of the period of King Ecgfrith ; for the Bew- 
castle cross seemed to state that " in the first year of King 
Ecgfrith " (670-71) it was erected. We owe a great debt to 
both these scholars for re-opening the question. The date 
must now be shifted, but I suggest that the later part of the 
eighth century satisfies the requirements in both cases. 

On the Bewcastle Cross (Fig. t6) the Falconer would be 

42 The Ruthwell Cross. 

possible after about 750 (Prof. A. S. Cook, Date of the R. and 
B. Crosses, pp. 63-64). The sun-dial was known, though not 
so common as it became on church doors in the i ith century ; 
there was one at Housesteads Roman fort (now in Chesters 
Museum) which might even have been visible to people of the 
time. The chequers are unusual, in ornament of this age, 
but not without some parallels ; panels divided up into squares- 
are seen in the Gospels of MacRegol, Durrow, and Treves 
(Westwood, Mill, and Ornts., pi. 4, 16, 20), and the Book of 
Durrow has a panel of crosslets, set in lines coloured alter- 
nately {ibid., pi. 6), recalling the crosslets at Irton (Fig. 24), 
alternately raised and sunk. The draught-board (A.-S., TcBfl, 
from tabula) was known ; part of one was found in a hoard of 
about 200 A.D. at Vimose in Denmark, and is now in the 
Copenhagen Museum. Moreover, true chequers like those of 
Bewcastle are actually seen on a stone, formerly a monument 
or ornament at Hexham Church, now taken to Durham 
(Stuart, Sc. Stones of Scotland, ii., pi. xciv., i ; Durham Cath. 
Lib. Cat., No. x., p. 65); and this, whether of Roman or 
Anglian origin, must have been known to the Bewcastle 

These considerations suggest that an experiment in design 
was made at Bewcastle ; and, considering the variety and fer- 
tility of Anglian art, this would not be surprising. We have 
already seen the chevron in Figs. 13 and 14, notwithstanding 
the common belief that it was much later ; but we find no 
acanthus at Bewcastle and Ruthwell, and the names in the 
inscriptions show no Danish and Norman forms. The whole 
design is in the spirit and style of other Anglian crosses. The 
figure-drawing is fine in its way, but not finer than that of 
Otley or Easby (Fig. 17) on a stone which bears also scrolls 
and plaits, and perhaps could be built up with other stones 
still in the walls of the church to make a fairly complete cross 
{Fig. 18), sharply contrasting in its grace and refinement with 
the very different style of the loth century as seen in the 
example from Ellerburn given along with it. 

If there is any reason in the rule about plaits which we 
have discussed, these symmetrical, two-member plaits are of 
the second half of the 8th century. The scrolls are not the 

The Ruthwell Cross. 48 

Hexham scrolls of the Spital {Fig. 4), nor even the more 
advanced scrolls of the Acca cross (Fig-. 3) ; but they seem to 
be of Hexham origin, further developed ; and the nearness of 
Bevi^castle to Hexham suggests a possible influence. But if 
so, and if the names can be still read as referring to Alchfrith 
and his contemporaries of a century earlier, we have the ex- 
planation from Hackness, where a cross seems to have been 
put up, not as the gravestone of Abbess Ethelburga, but some 
time — probably a long time — after her death, as a memorial. 

The runes of Bewcastle and Ruthwell have been well dis- 
cussed by Messrs Forbes and Dickins {Burlington Magazine, 
April, 1914), with the conclusion that they are 8th century. 
As to the argument drawn from the word ungget on the 
Ruthwell Cross, Professor Cook {op. cit., 35/247) sums it 
in these words : — " The evidence favours a late period rather 
than an earlier, (i) because the only other occurrence of the 
word is in a text with late spellings, (2) because -et, the ending 
in both examples of the word, seems late, as if due to lack of 
stress, and (3) because the sculptor makes two blunders in 
one word, showing perhaps that it was specially unfamiliar 
when he worked." In Fig. i I give the word enlarged, near 
its place on the shaft. The blunder is apparent ; the materials 
for deciding the point are slight ; whatever weight it may carry 
must be balanced against the evidence in the opposite scale. 

Any traces of a wheel to the head of Ruthwell Cross I 
have been unable to find on the original, after careful search. 
The " three cuts " mentioned by Dr King Hewison are below 
the point where a Celtic wheel would spring; they are damage 
to the slightly projecting offset of the base of the head, which 
is still seen on the west side, but effaced in the view from the 
east. This offset is common in rather later Anglian cross- 
heads, probably originating in the " eaves " or dripstone 
moulding given to the head when it was affixed as a separate 
stone, to prevent rain from driving in and frost from prising 
off the head ; from cross-heads re-used for building we often 
find this offset and the lateral arms knocked off. The restorer 
who inserted the present cross-arms did not quite understand 
the construction of a head of this type, and has given one 
pair of cusps too many. Fig. i shows the usual construction, 

44 The Ruthwell Cross. 

which I think is also more graceful ; and the style of the 
missing arms may have been more like those shewn in Fig. 
19; at any rate, the archer was probably shooting at a bird 
(or beast) in the panel at which he aims. 

Under the St. John I think we can read " adoramus 
iN(itium) ET F(ine)M/' recalling the formula of the lately re- 
discovered stone at Kirkmadrine and others. The sketch of 
the loose fragment (to twice the scale of the cross) is added, 
because it looks like an ornamented door-jamb of the late 
Anglian period, and tempts the suggestion that there was a 
stone church here, perhaps rather later than the cross. The 
place was not called " Ruthwell " in those days ; it is a Viking 
Age name ; and this makes the search for records of any foun- 
dation by no means easy. 

But Ruthwell w^as not then in the Scotland of that age ; 
it was in the land of the Cumbri, which had been annexed by 
the Northumbrian Angles. In 750, King Eadberht, whose 
coin has been mentioned, took Kyle from the Strathclyde 
Britons (Bedae continuatio), and on August ist, 756, he and 
Aengus, King of Picts, in alliance entered Dumbarton 
(Symeon Durh., Hist. Reg., 756). Though the conquering 
army met with some disaster ten days later, the Northum- 
brians did not relax their hold on the south-west of what is 
now Scotland ; there is no trace of any return of the Cumbri to 
power (Skene, Celt. Scot., i., 296), nor of any great move of 
Celts against Angles, until Kenneth MacAlpin, a centur} 
later, invaded '"' Saxonia " — the Lowlands — and burnt 
Dunbar and Melrose. Even later (Sym. Durh., Hist. Recap., 
854) Lindisfarne diocese included Melrose, Edinburgh, and 
Abercorn ; and in the west, the last Anglian bishop of Whit- 
horn held his post until 802, the year in which lona w-as first 
burnt by Vikings, and no doubt the whole coast threatened. 

In view of this 8th century settlement of Angles through- 
out the Lowlands, we should expect many traces of their 
presence beside the Ruthwell Cross. These traces exist. 
They have been illustrated in Stuart's Sculptured Stones and 
Romilly Allen's Early Christian Monuments, but I do not 
know that they have been clearly disentangled from the rude 
stones of earlier age and the Celtic and Scandinavian monu- 

The Ruthwell Cross. 45 

merits of later period. These remains lie along or near the 
Roman roads in most cases, as do the earlier monuments in 
England, for the Roman roads were the ordinary routes of 
travel through a country then chiefly wild. Following the 
east coast, we find Anglian stones at Coldingham and Aber- 
lady ; along the road from Redesdale over the Cheviots, the 
fine work of Jedburgh, and decadent Anglian at Lasswade and 
Abercorn. By the road north from Carlisle, at Hoddom there 
was an abbey very rich in monuments — the stone now at 
Edinburgh seems to connect with the early 9th century style 
of Heysham, near Lancaster, and in Fig. 19 I attempt to 
restore three crosses from the photograph in Early Christian 
Mouts. of Scotland of fragments at Knockhill. At Thornhill 
are late Anglian stones, some from Closeburn and Glencairn, 
and at Cairn in Ayrshire is another. These shew that the 
Ruthwell Cross does not stand alone, though it happens to 
have been preserved while others have been ruined. 

But in order to show reasons for giving so early a date 
to this Cross, we must pursue the history a little further, 
illustrating the styles of the later periods to which it has 
sometimes been attributed. 

Early in the ninth century the political and social decad- 
ence of Northumbria began to set in ; and the crosses showing 
Anglian tradition still unbroken, but degenerating, seem to 
find their place between 800 and 867, when the Danes in- 
vaded. After that, there was a period of transition until the 
Anglo-Danish or Viking Age style began to find itself, about 
925. During the nth century influences from the South of 
England modified the Viking art ; and when the Norman con- 
quest was complete the old monuments were thought, as the 
Norman abbot Paul of St. Alban's (1077-1088) called them, 
" rudes et idiotae," and often broken up to be built into new 
church walls, from which many have been recovered. 

Fig. 20 represents the shaft at Collingham with the 
Apostles, drawn in the style of 9th century Anglo-Saxon book 
illustration. Fig. 21 gives the parts of three shafts in Halton 
church, near Lancaster; the first rather debased from Otley 
(Fig. 15), but repeating the motive of a figure kneeling before 
an angel, who here holds a tablet or Book of Remembrance. 


This is repeated, still further debased, in the next shaft, 
which also repeats the seated saint, with a curious blunder 
in confusing the cross he holds with the fold in his drapery 
below it. The third shaft bears an Jlrcher, with late Anglian 
ornament, and figure-groups — Christ healing a woman and the 
Three Children in the Furnace — in the drawing of an age 
when the classical models were not entirely forgotten, but 
were not so closely followed as at Bewcastle and Ruthwell. 
The same style is seen in the Madonna shaft at Dewsbury 
(Fig. 22) ; the Virgin and Child are already portrayed on St. 
Cuthbert's coffin ; the Loaves and Fishes at Hornby ; and 
here we have the Miracle at Cana, with a scroll obviously 
derived, but debased, from Hexham. 

The tendency in scroll-design was naturally to -nake it 
looser in wide panels, and stiffer in running patterns ; to lose 
its early naturalism and to make both plant-form and ;i«iimal- 
form less graceful and more " stylised." This is seen in ihe 
second shaft at Ilkley church (Fig. 23) and in the perfectly 
preserved cross at Irton, Cumberland (Fig. 24). This had 
an inscription in which Anglian runes could formerly be 
read : one of its plaits resembles one at Bewcastle with the 
double-bead of the strap interwoven ; its key-pattern recalls 
Northallerton ; its chequers, in which plain squares are re- 
placed by crosslets, show an attempt to improve upon the 
Bewcastle chequers. But we cannot, on that account, lake 
it out of the Northumbrian series, into which it fits as a g*h 
century work. 

The Irton stiff scroll, still further tightened and stiffened, 
appears in the tallest Ilkley cross (Fig. 25), now carrying a 
head (from Middleton Hall, formerly at Ilkley church), which 
is of the period, if not the original head to this shaft. The 
attempt to vary the scrolls shows the striving for new and 
more piquant effect, characteristic of decadence ; the figures 
are very conventional, though finely decorative, already a long 
way from Ruthwell and Bewcastle. This cross must be of 
about the middle of the 9th century, not long before the 
Danish invasion of 867. 

It has been supposed that the Danes would have de- 
stroyed the Ruthwell cross, \f it had existed in their day. 

The Ruthwell Cross. 47 

They certainly destroyed, in their first onslaught, the abbeys 
and churches of central and east Yorkshire and County 
Durham ; but the Archbishop of York found a secure refuge 
no farther away than Addingham, in Wharfedale, until the 
time, only twelve years after the first invasion, when the Danes 
elected a Christian king. Meanwhile, in 875-6 they raided 
Northumberland, burnt Carlisle, and marched through Dum- 
friesshire, no doubt by the Roman road, to attack the Strath- 
clyders and the Picts of Galloway ; but they made no stay in 
these parts, for in 876 Halfdan dealt out the lands of North- 
umbria {i.e., part of Yorkshire and Durham) to his followers, 
and they thenceforth continued ploughing and tilling them, 
as the Anglo-Saxon Chronicle says. In the raid to the north- 
west most likely they sacked Hoddom, but probably passed 
Ruthwell, off the main line, unnoticed. Early raids, like 
Robert Bruce's in Cumberland, kept pretty closely to the 
roads, and did not spread out widely over the country. 

Now, when the Danes settled down and continued 
ploughing and tilling, they very soon adopted the manners 
and religion of the country. They must have required monu- 
ments for their dead, when they were once converted. They 
did not, like the Normans, bring in a ready-made art of 
masonry, though they had their own style in wood-carving 
{e.g., the grotesque figures in the Tune ship, dated by Dr 
Haakon Schetelig to about this time, Tuneskibet, Kristiania, 
1917, p. 10) and metal-work. Any monuments they set up 
must have been made by such Anglian workmen as remained 
(for the Angles were not exterminated, though the best work- 
men seem to have left the country ; there are traces of their 
emigration to the Pictish North), gradually assimilating 
Danish and Scandinavian taste, and creating the art of the 
Viking Age. And even monuments to Angles under Danish 
rule must have approximated more and more to Danish ideas 
of art. 

For example, the cross at Collingham to /Erswith (the 
false reading " Onswini " has obscured the dating) shows 
scroll-work debased into straps (Fig 26) and beasts which, 
though Anglian in origin, are becoming loth century dragons. 

48 The Ruthwell Cross. 

The one with its head down we have already noticed in con- 
nection with the Cundall-Aldborough shaft. This is obvi- 
ously a post-Anglian but pre-Viking Age work, and of the 
late gth century. 

At Kirkby Wharfe (Fig. 27) is a cross with late, expanded 
arms to the head ; this expansion went on till at Whithorn 
we find the arm-ends nearly meeting, and thus forming a 
wheel. The arrangement of plaits in the centre of the head to 
s.'de a was repeated through south-west Yorkshire, and car- 
ried to the Isle of Man, where it was adopted by that remark- 
able artist, Gaut Bjarnarson. The step-pattern and TiT, 
the ring in the plait of side c, the basket-plait and joined 
triquetrae, are all what became common in the loth century; 
but the figures of SS. Mary and John beside the cross are of 
Anglian tradition. The cross is transitional between late 
Anglian and Viking, and of about 900 a.d. 

The same mixture of forms is seen in the shaft at 
Urswick-in-Furness (Fig. 28), which " Tunwini set up in 
memory of Toroeotred (? Torhtred)," as the inscription in early 
runes states. Across the late rude figures is written " Lyl 
this wo(rhte?) " — Lyl wrought this (?) — and the scroll, with 
its grotesque figures, birds and beasts, shows the Anglian 
tradition far gone in decay. It cannot be 12th century, for 
we know the history of Urswick after Domesday Book, and 
no such names occur. It must be of about 900 a.d. or a little 

The stone found by Mr George Benson at St. Mary 
Bishophill Junior, York, built into the early Norman fabric 
(Fig. 29), shows the scroll turning into the " snake-sling " of 
the Viking Age ; the berries dropped off and treated as pellets, 
and the leaves becoming snakes' heads. In the loth century 
basket-plait a snake is inserted. The well-known Lancaster 
cross-head in the British Museum is another example, a little 
further developed, of the same transition, though its early 
runes record a purely Anglian name, Cynibald, son of Cuth- 
bert. The change in style was conditioned by period, not by 

In the Leeds cross (Fig. 30) we have the debased Anglian 
scroll (6, 8), the plaits of the loth century (16, 20), grotesque 

The Ruthwell Cross. 49 

evangelisls (5, 13, 15), perhaps copied from an Irish book 
(the first trace, so far, of Celtic art in England), and the legend 
of Wayland Smith (21, 25) already portrayed on the North- 
umbrian Franks casket in the British Museum, a work of the 
8th or gth century, and retold in the Volundarkvida, the 
earliest poem of the Edda, dating to about 900. This cross, 
dating to about 920, is fully discussed in Vol. xxii. of the 
Thoresby Society's Miscellanea. 

After this, in Northumbria, the Viking Age style formed 
such monuments as those at Dearham, Cumberland (Fig. 31), 
Stonegrave, Yorkshire (Fig. 32), and Gosforth, Cumberland 
(Fig. 33). The last, beautiful in its spiry proportions (14^ 
feet high) and interesting in its illustration. of the Edda poem 
known as the Voluspd, current at the close of the loth cen- 
tury, is identical in style with stones recovered from the 12th 
century foundations of Gosforth church, and must therefore 
be considerably older than the church ; it must be of about 
1000 A.D. The style of these crosses was the style of the 
period in the North ; any cross raised at Ruthwell in this age 
by North country people must have been of this type, which 
^\•as carried to the countries in touch with Viking Age North- 
umbria and produced their iith century designs. 

But in the South of England the older traditions derived 
from Northumbria lingered, developing into forms different 
from 8th and 9th century Anglian. In stones of the Wilt- 
shire group, there are at Britford rings in the plait, not earlier 
than loth century; at Ramsbury, rings and loth century 
dragons; at Bradford-on-Avon, key-patterns of the iith cen- 
tury, and Rivoira dates the architecture to about 1066- 1086. 
The scrolls of Ramsbury are not volutes, but series of rings, 
unlike any Anglian scrolls, but like some Italian nth century 
ornament. Now, if St. Dunstan, a Wessex man, designed 
Ruthwell Cross, he would have illustrated the style of his age; 
he could only have planned Ruthwell Cross, as we see it, by 
going back on the progress of art for two centuries and find- 
ing models in the North of England. 

What was being done in the time of King Knut in the 
North is shown by the Nunburnholme shaft (Fig. 34) ; the 
hands holding the arches are of the Viking Age; the local Jarl 

50 The Ruthwell Cross. 

in his lielmet, sitting on a stool, is of that time; but the she- 
centaur with an imp clinging to her back looks like the 
reminiscence of a motive from Roman sculpture seen abroad. 

Of Edward the Confessor's period we have the Halton 
shaft (Fig. 35), imitating, with a difference, some of the 
features of earlier crosses at the same place (Fig. 21), but 
illustrating the story of Sigurd the Volsung and Regin the 
smith, a legend which became popular in the nth century, 
and is also illustrated upon Manx stones. After this, the 
making of tall crosses as memorials appears to have passed 
out of fashion in Northumbria; the art had already moved 
away to Wales, Man, Scotland, and Ireland, where it grew 
into the well-known Celtic forms. And if runes are used in 
this period, they are the later Scandinavian runes, not those 
of early Anglian type. Finally, on the Bridekirk font 
(Fig. 36) of the late 12th century late runes record Richard, 
the carver ; and the ornament is strikingly different from that 
of Ruthwell. 

The Anglian series (to sum up my argument) includes a 
considerable number of monuments, ranging geographically 
from the H umber to the Forth ; that is to say, co-extensive 
with the 7th and 8th century Anglian kingdom. The group 
is not well known except to the few who have studied it, and 
still awaits full illustration and description. No wonder then 
that foreign critics have overlooked its character as a dis- 
tinctive school of art. But most English students recognise 
that it is marked off from Anglo-Danish or Anglo-Norse work 
by the complete absence of " snake-slings," of basket-plait 
and other simple plaits, of late runes, and of the sketchy 
handling of stone-carving in the Viking Age; it is d'stin- 
guished from 12th century sculpture by its more restrained 
design, by the absence of acanthus in all forms, by a much 
less laboured technique, and by the inscriptions, which con- 
tain no Danish or Norman names. Anglian ornament, as all 
who are accustomed to design must observe, has a style of 
its own. It is based on scrolls, plaits, and figures derivable 
from Roman and Italian sources, earlier or contemporary, 
and develops along the lines of development in Italy. Some 
few motives (sun-dial, chequers, chevrons), which have been 

The Ruthwell Cross. 51 

thought to be later, can be classed as experimental, and were 
borrowed from existing models. The principal motives are 
seen in some contemporary local work, as the Ormside Cup, 
St. Cuthbert's coffin and coins. Certain Anglian monuments 
(as Hackness, Urswick) can be shown on historical grounds 
to be earlier than the Danish conquest. Others have been 
taken from Norman walls, where they were used as building 
material ; the style by then being extinct. No Anglian frag- 
ments are known at abbey or church sites which were first 
founded after the Norman conquest. 

As to typological development, I have tried to shew that 
the Anglian cross must have been designed, late in the 7th 
century, from materials accessible in the Tyne and Wear 
valleys ; that it travelled in every direction, during the 8th 
century, throughout the area then Northumbrian; that in the 
9th century its art followed the decadence of the nation, and 
at the Danish conquest passed naturally through transitional 
forms, providing material for the design of the Viking Age 
in Britain and influencing styles of art abroad. 

Against all this there stands the linguistic argument, 
which suggests a later development. The difficulty is not 
unique ; for example, in Manx monuments, typologists like Dr 
Schetelig seem to date changes about a century earlier than 
philologists like Dr Brate. The typologist is tempted to 
believe that his materials are the more complete and his 
method not less scientific ; but no doubt the antinomy is one 
which is not insoluble. 

In the middle of the 12th century an artist designing a 
cross at Ruthwell, if he were English or continental, would 
have illustrated the newer art of his time. A Scot would have 
elaborated the interlacing and key-pattern of such stones as 
the famous cross-slab at Nigg, or carved the figures of St. 
Andrews. A Manxman would have made a Norse cross ; and 
an Irishman, one of the colossal Monasterboice type. None 
of these would have gone back to the old Northumbrian art 
and literature, reproducing them with exactitude. There are 
mediaeval forgeries of charters, and modern reconstructions 
of antiquities; but if the history of monumental art was as 
we have traced it, the Ruthwell Cross cannot be a " fake " of 

52 The Ruthvvell Cross. 

the 1 2th, or even the loth, century. It takes its place in the 
Ang-Han series, a Httle later than we formerly supposed, but 
still in the same period. 

Why it was set up, to whom, or in memory of what event 
is a question that might perhaps be answered if we knew 
something of Dumfriesshire in the 8th century, under the 
Kings Alchred and Elfwald the pious (765-788) and Bishop 
Cynewulf of Lindisfarne (740-780). But the chronicles and 
the Cross are silent on this point, and too many guesses have 
been made already by those who have attempted to assign 
monuments to the persons we know in history. 

P.S. — Since the above was in the printers' hands Profes- 
sor Albert S. Cook has kindly sent me his review of Bishop 
Browne's book on " The Ancient Cross Shafts of Bewcastle 
and Ruthwell " {Modem Language Notes, Johns Hopkins 
Press, June, 1917, pp. 354-366), and I wish to affirm my 
respectful agreement with the methods of research formulated 
by Professor Cook, while differing from him in conclusions. 
" These crosses," he repeats on p. 361 from a previous paper, 
" must be dated by ecclesiastical stone sculpture whose 
approximate period is beyond reasonable doubt." Certainly ! 
Anglian ornament has no true analogy in the twelfth century, 
but close parallels in Italian details of the eighth and ninth. 
The argument from language cannot be denied ; but as the 
Northumbrian dialect underwent changes earlier than the 
West vSaxon {ibid., pp. 356-357), I ask whether the materiak 
existing are sufficient to prove that these changes did not 
begin before the Danish invasion. And, finally, I beg those 
who discuss the two better known monuments to study the 
rest. The problem of Ruthwell and Bewcastle is not solved 
by a theory which fails to explain the great series as a whole. 

The Ruthwell Cross. 


1. Rutluvell and Fragment. 


Thii Ri'THWELi. Cross. 

2. Restoi-ation of Fragments: 
{(i) at Hexham Church ; 
(// and <■) now at Durham. 

Thk Ri'i hweli. Cross. 


;1 '' : i^^MtP' 


'■"^ tf /•''L ," ~. 

' Ayr t .7*^^f 

The Afca Cross : drawn b^' W. G. 





The Ruthwell Cross. 

iLuJCJ.j:^^,:/i/ij',/. I '/./,'j,j.j/A/. ■/'„ y, ''i'ty/'titZt 

'. o 


The Ruthwell Cross. 







riiK Rrinw Ki.i. Cross. 



about 737. 

ciborium ,ni2-j\o ^ 

San Pietro^ ToscamllcL, 
d/ited hyRivolra. 1^<)\ 
(^pattern common ux ^th cent.) 

C attar o (Ravenna, or 
Comacine y^rofk) 8og. 

S. A-poliirxare m Classe, 
^ ciborium y ^th cent. 

San Flavza.TiOy 
ALontefiascoixe- lo'Sl 

SanVAmhro^io , 
Afilan ^ iith cent. 

7. Plaits in Italian Chnrdi Architecture dated by 
Comm. Rivoira. 

The Ru thwell Cross. 



Cross Fi-a^iiieiits at Hackness (Yorks.)- 


The Rlthwell Cross. 

9. The Shortest Cross-shaft. Ilklev Cliurcli. 

The RttrHWELL Cross. 




lU. Cross Fragments at ( uiidall and Aldborough (Yorks.) 


THii Rui'HWHi.i. Cross. 

^3^^ -rtO- 

11. Side, and 12. Base of tlie Ormside Cup. 

Thk RriHWELL Cross. 


13. Cross Fragments at Nortlia!!ertoii. 


'rm-: Rf 111 UK 1.1. Cross. 

The RiTTHWELL Cross. 


15. Cross Fragments at Otlev Cliurcli, 


Tun: RriHwiiLi. Cross. 

ire a: i , 

16. Jiewcastle Cross. 

The Ruthwell Cross. 

Beweastle. Kasby. 

17. Figures of Christ from Anglian ("losses. 


The Ruthwell Cross. 

18. Fragments of Two Yorkshire Crosses : — Easby (Anglian) 
and Ellerburn (Viking Age). 

The Ruthwei.l Cross. 



The Ruihwkll Cross. 

The Ruihwkll Cross. 



21. Fiasments ot Three Crosses, Haltoii (I>ancs.). 

'I'lui Rr I iiw Ki.L Cross. 

22. Fragments of a Cross at Dewsbiuy. with 
the Virgin and Child, Miracle at Cana, 
and the Loaves and Fishes. 

The Ruthweli. Cross. 



23. The Second Cross-shaft at llkley. 


'riii- Ri,rH\\"Ki.i. Cross. 




24. Cross at Iiton (Cunibciland). 



25. Tlie Tallest Cross at 111- 

Ic.y Chuicli. with the head from Middleton 

Thk Ruthwki.l Cross. 

Thk Ruthwkli. Cross. 


» ; \ ' M : 

I' v' ; 'i ' i 
l\' / " '1 ' 

i\ ' '1 J ' I 
',' l.\' ,' * p 

'' ,' '- "''i ' I 

'l "/ ' ' I I 

28. Tlu> " 1'ninviiii '" Cross, T'rswick-iii-Furness. 

The RiTHw kll Cross. 


yn^ :c 

The Ruthwell Cross. 


30. Cross-sliaft at Leeds I'arisli Clmrcli. 


Thk Ri'iHWELL Cross, 


' a ; 

31. Cross at Dearham (Ciimbei-laiid). Drawn hy the late Rev. \\ 
S. Calverley. F.S.A. 

The Ri'iHWELi, Cross. 



32. Cross at Stoiiegrave (Yorks.)- 

33 Cross at Gosforth (Cumber laud). 
Drawn bv the Rev. W. S. Calverley. 


'ruH Rr 1 n\\ i;i.i. Ci-()ss. 




'li I !M' 

34. Cross-shaft at NunbuiJiholme (Yorks.). 

The Ru'iHw ell Cross. 



Thk Rlthwkll Cross. 

36. The Font, Bridekirk (Ciuubeilaiid). 

Early Sheriff Court Book of Dumfries. 85 
12th January, 1917. 

Chairman — G. M'Leod Stewart, V.P, 

Sheriff Court Book of Dumfries (2iid October, 1537= 
31st July, 1538). 

By Sir Philip J. Hamilton-Grierson. 


This short legal fragment, which is preserved in H.M. 
Register House, Edinburgh, consists of seven foUos, and 
contains a record of proceedings in court from 2nd October, 
1537, to 25th June, 1538. It will be observed that with the 
exception of the court held on the former date in the Tolbooth 
of Dumfries, all the courts were held at Penpont. The head 
burgh of a sheriffdom was the place where the Sheriff Court 
of right ought to be held, unless inveterate custom had sanc- 
tioned its holding elsewhere. Such at least was the rule in 
later times. But earlier the courts had been more ambula- 
tory. 1 Thus we find an Aberdeen Sheriff Court held at the 
Standing Staines of Huntlie,^ and from an Ayr Sheriff Court 
Book'^ of the sixteenth century we learn that the court was 
held on lands the title to which was in dispute. Again, on 
30th January, 1481-82, a decree pronounced in a court held at 
Penpont by Robert Crechtoun of Sanquhar, Sheriff of Dum- 
fries, narrates the consent of the parties and their affirmation 
of the day and place as lawful.* 

The difficulty in the present case arises from the fact that 
the session of the court at Penpont occurred not once only, 

1 Earl of Hyndford v. The Burgh of Hamilton, 1740, Mor. Diet., 
3104; cp. Innes v. Innes, 1622, ib. 3101. 

2 Records of the Sheriff Court of Aberdeenshire, ed. by D. Little- 
john, Aberdeen, 1904 (New Spalding Club), i., 153. 

3 MS. in H.M. Reg. House, Edinburgh. 

4 Hist. MSS. Com. XT'. Beport. London, 1897, App., pt. viii., 
p. 48, No. 96. 

8G Early Sheriff Court Book of Dumfries. 

but on several occasions spreid over a period of six months, 
and that several of the cases heard before it did not arise at 
the instance of persons or in regard to matters belonging to 
that place or the surrounding district, but were concerned 
with questions connected with lands in Annandaie and persons 
resident there. There was, so far as I have been able to dis- 
cover, no public event such as a visitation of the plague or the 
occurrence of an English incursion to account for the change 
of venue. At the same time it is not to be forgotten that many 
cases and many jurors came from Glencairn and other parishes 
in the neighbourhood of Penpont, and that the Sheriff-Depute, 
who frequently acted in disposing of'the business of the court, 
held the lands of Bellibocht in Glencairn, and may ha\ e resided 
in that parish. 

In order to make the contents of our Sheriff Court 
Book intelligible, we propose to give a short account of ci\il 
procedure in the Scots Sheriff Courts in the early sixteenth 
century, so far as that procedure is referred to in cases which 
the book contains. It is to be kept in view that the authorities 
upon which we rely are concerned with the practice of the 
Baron Courts rather than with that of the Sheriff Courts. But 
as the Sheriff Court was truly the King's Baron Court, ^ what 
holds true of the regulations of the Baron Court may be 
regarded as applicable, at least in great measure, to the early 
Sheriff Court. 

As early as the reign of David I. Scotland was divided 
into sheriffdoms, and the Sheriff acted as the King's minister 
in the execution of Crown writs and in the conduct of legal 
proceedings, civil and criminal. The Sheriff's was thus a 
delegated jurisdiction, and the Sheriff's Court was the King's 
Court. It was, as we have seen, the King's Baron Court, at 
the head courts of which all freeholders were bound to attend. 
Those who were bound by the terms of their infeftments to 
give suit — i.e., attendance at the King's Court — only might 
appear by Iheir suitors or proxies; while those who were 
bound to give suit and presence were required to attend in 

5 See my article " The Suitors of the Sheriff Court," The Scut. 
Hist. Review, xiv., 2; Erskine. J/j.^/., i., 4. 2. 

Early Sheriff Court Book of Dumfries. 87 

person. It is quite true that the latter also appointed suitors, 
but this appointment did not free them from the burden of 
coming to court. It served rather the purpose of bringing to 
court a body of men who were skilled in law and legal pro- 
cedure to act as jurors and assessors. These suitors had to 
prove in examination their knowledge and capacity before 
they were admitted to office, and appear to have advised the 
freeholders and the judge both as to law and practice. Neither 
the Sheriff nor his deputes were trained lawyers ; they sum- 
moned the court and presided over it, but they did not make 
its judgments. The selection of the jurors was determined by 
considerations of position and character and of acquaintance 
with the facts and circumstances of the matter upon which 
their verdict was sought, rather than in respect of their legal 
acquirements. And, accordingly, the advice of the suitors 
who had at least some legal experience was necessary, and 
ought to have been welcome.^ 

While the terms of the decision to be given were being 
discussed, the Sheriff retired ; and when these had been settled 
he was recalled, and the decision was pronounced by one of 
his suitors called the deemster. If either of the parties was 
dissatisfied with it, he was required, if he would make his 
dissatisfaction effectual, to give instant expression to it. He 
was bound, to use the words of the Scots version of the 
Quonia)n Attachiamenta, to " say againe it " before " he turn 
his taes quhere his heills stude," and to give at least one 
reason for gainsaying it.'' The statute, 1429, c. 6,^ varied the 
provision by enacting " qua sa wil false a domme sal nocht 
remufe oute of the place that he standis in quhen the domme 
is gevin na zit be avisit na spek with na man quhil the domme 
be agayne callit that salbe within the tyme that a man may 
gang esily xl payss and that to be comptit efter the considera- 
cione of the Juge and the courte. " The formula in use was : 
" This dome is false, stynkand, and rottin in the self and 

6 See the article "The Suitors of the Sheriff Court," cited 

7 Quon. Attach., c. 9; Fol. Acts, i., 649; Skene's Scots Version, 
«. 13. 

8 Fol. Acts, ii., 18. 

88 Early Sheriff Court Book of Dumfries. 

therto I streik a borch and that I will preiff."^ Later the 
formula was changed to : " I am grattumly hurt and injurit be 
the said dome, therfore I appele and find ane borcht in the 
officiaris hand ot the court to pursue the said appelatione con- 
formand to the law made of before. "^^ 

We find early notices regarding the Sheriff's clerk and 
his sergeant or ofificer, of whom the former was entitled to two 
shillings out of every fine, and the latter to a colpindach^^ or 
thirty pence. ^^ Jt was the business of the Sheriff's clerk to 
call the suits — i.e., the names of the lands in respect of v/hich 
suit or suit and presence was due^^ — and to enter the names of 
those for which no appearance was made, so that fines might 
be imposed upon the absentees. In the case of our Sheriff 
Court Book these lists have not been made out, although we 
find the note — " sutis callit. Court lachfully affermit. 
Absentes '-equuntur. ' 'i'^ 

In civil cases the proceedings were initiated by the King's 
brieve or letter addressed to a judge directing him to try by a 
jury the points stated in it.^^ These brieves have been de- 
scribed as " the foundation of all civil process of old;"i^ and 
were framed to cover such a variety of matters that every class 

9 St. 1429, c. 6; Fol. Acts^ ii., 18; Frag. Coll., c. 8; Fol . Acts. 
i., 742. 

10 St. 15th March, 1503-4, c. 51; St. 20th March, 1503-4, c. 46; 
Fol. Ads, ii., 246, 254. 

11 A young cow (Skene, De Verb. Sign, s.v. " colpindach "). 

12 Leges Male MakJcen, c. 7; Fol. Ads, i., 710. 

13 See the article. "The Suitors of the Sheriff Court," cited 

14 See Fol. 7. In the Sheriff Court Books of Aberdeen, Fife, 
Linlithgow, &c., these lists are given in extenso. 

15 See Skene, op. cit. s.v., "Breve;" Balfour, PradicJcs, Edin- 
burgh, 1754, pp. 418 ff. ; Stair,, iv., 3, 4-18; Ersk., lust., iv., 
1, 8; Innes, Lediires on Scotch Legal Antiquities. Edinburgh, 
1872 ; pp. 230 ff. An enumeration of brieves will be found in the 
Index to the Folio Acts. See also the list in F. Pollock and F. W. 
Maitland, The History of English Law before the time of Edicard I., 
Cambridge, 1898, ii., 565 ff. Examples of brieves will be found in 
the Folio Acts, i., 89 ff., 657 ff. 

16 Innes, op. cit., p. 231. 

Early Sheriff Court Book of Dumfries. 89 

of litigation was embraced by them.^'^ They ran in a fixed 
form, which, according to a statue of 1491,18 might not be 
varied under pain of nullity. Some of them were styled 
" retourable," because the verdict upon them was returned 
to the chancery by the judge to whom they were directed ; 
while those which were not retourable served as the initiation 
of actions against special defenders to be insisted on before 
the judge to whom they were addressed. It may be that, as 
in England, 1^ a brieve was not indispensable where the subject 
of the action was of trifling value or amount ; and it is not 
unlikely that, as Karnes suggests, 2° the Sheriffs, without any 
statutory warrant, modelled their procedure upon that of the 
Lords of the Sessional — a usurpation of jurisdiction which, as 
it met a public need, may have gradually received the sanction 
of custom. 22 

Where the matter of the suit was one of civil debt or 
contract, or related to moveables, the first step was to attach 
the goods of the defender until he found security that he would 
appear and answer to the complaint ;23 and the complainer was 
also required to find security that he would insist in his 
action. 24 The summons was then served on the defender, who 
might excuse^^ himself thrice, on finding a cautioner in support 

17 Id. ib., p. 223. 

18 c. 5; Fol. Acts, ii., 224. 

19 Pollock and Maitland, op. cit., i., 553 f. It was only where 
a personal action related to a sum reaching or exceeding 40s that a 
brieve was necessary. 

20 Karnes, " History of Brieves," Historical Law Tracts, Edin- 
burgh, 1758, ii., p. 14. He observes that "a Court, which has 
often tried cases by a delegated jurisdiction, loses sight in time of 
its warrant, and ventures to try such cases by its own authority." 

21 An enactment of 1457 (c, 2; Fol. Acts, ii., 47-8) invested the 
lords of the session with an independent jurisdiction in actions for 

22 Kames, loc cit. 

23 Quon. Attach., c, 1; Fol. Ads, i., 647. 

24 Stat. Reg., Alexandri II., c, ii ; Fol. Acts, i., 402; Balfour, 
op. cit., pp. 290, 311. 

25..Absenoe on the King's service, or at a public fair, or by 
reason of " bed-evil and infirmitie " (" infirmitas lecti ") was ad- 

00 Early Sheriff Court Book of Dumfries. 

of each excuse; and in respect of each failure to appear. " a 
distress or poynd " (" districcio ") was taken to be entered at 
each court until the fourth court. If the defender appeared 
at the fourth court and established the validity of his excuses, 
he escaped fine; but if he failed to appear in person or by 
proxy, he was liable to be fined for each default, to pay the 
coniplaincr's expenses,26 and " tine his principall action and 
his defence against the partie him followand."^^ 

The only other point on which it seems necessary to say 
a word is the practice of warranty, which plays an important 
part in early court procedure. We find in our Sheriff Court 
Book that at a court held on 25th June, 1538, Andrew Howat 
(called David Howat in the subsequent entries) claimed a black 
horse in the possession of Wat Gurlaw, and that Gurlaw found 
Herbert Cunynghame as security that he would enter it — i.e., 
subject it to whatever the court might determine regarding it. 
At the next court held on i6th July, 1538, Gurlaw entered the 
horse and also' his warrand, Robert Kirkpatrick, and Kirk- 

mitted as the only valid excuse (" essonzie," "essoign," 
" essonium ") in proceedings under a brieve of right within Burgh 
(Qvon. Attach., c, 40; Fol. Acts, i., 655). Other excuses were 
sometimes accepted (see Begiam Ma]., i., 7; Fol. Acts, i., 599; 
Balfour, op. cit., pp. 344 f., 349). Excuses had no place in pro- 
ceedings following on a brieve of mortancestry (Quo a. Attach., c 
35; Fol. Acts, i., 654); or in a brieve of distress for debt, because in 
that case it was directed in the brieve that, on proof by the creditor, 
the debt should be paid at once (Qiion. Attarh.. c, 34; Fol. Jr/.s. i., 
653) ; or in recognosing novel disseisin (l{e(j. Mag., iii., 32 ; Fol. Acts. 
i., 631); or in an inquest or assize between two persons (Quon. 
Attach., c, 47; Fol. Acts, i., 657; Begiam Ma]., iv., c. 51; 
Fol. Acts, i-, 640). As to their admission in disputes between majors 
and minors, see Begiam Ma]., iii., 26, 27; Fol. Acts, i.. 629. 

26 Qvon. Attach., c, 3; Fol. Acts, i., 648. It is to be observed 
that in proceedings following on a brieve of right, e.g., where the 
subject of complaint was that the complainer's lands were withheld 
from him, the course of the action differed somewhat from what is 
stated in the text. It was only after persistent default by the 
defender to appear in response to repeated summonses that the 
lands were finally adjudged to the complainer (see licgiam Ma]., 
i., 5; Fol. Acis, i., 598; cp. Balfour, op. cit.. p. 310). 

27 Skene's Collection, " The Forme and Maner of Baron Courts," 
cap. 24. 

Early Sherim- Court Bo(jk of Dumfries. 91 

Patrick offered to produce his warrand at the next court, and 
found Thorn Maxwell as security that he would then and there 
enter the horse and his warrand. At the next court held on 
30th July, 1538, Kirkpatrick enters Robin Kirkhat as his war- 
rand to the court as the third court, and finds Maxwell as 
security that he will enter the horse or else the warrand at 
the next court as the fourth court and " court perempter." 
The explanation of these elaborate proceedings is this : When 
a man claimed a certain article in another's possession on the 
ground that it was his own property, the possessor might 
either allege that the article was his and that he could produce 
a warrand to speak to the fact, or he might admit that it was 
not his but that he had it on loan or for safe-keeping or on 
hire or in security or on some such title. If he averred that 
the thing claimed really belonged to a third party, the latter 
was summoned to appear, and the possessor was required to 
find security that he would enter in court the thing claimed. If 
the third party obeyed the summons and stated that the article 
was his, the possessor was free of the claim, and the true 
owner took his place as defender, and was bound to make 
good to the possessor any loss which he had sustained. ^8 
Where the subject of the claim was land, if the warrand did 
not appear and the possessor lost his action, he could sue the 
warrand for a portion of land equivalent to that from which 
he had been evicted. ^^ The warrand might call his warrand, 
and the latter might call his warrand, who enjoyed a similar 
right ;^^ and while the warrands were being discussed the prin- 
cipal action slept. ^^ Each warrand could excuse himself 

28 liajiam Maj., i., 15; Fal. Acts, i., 602 f. ; Quon. Attach., c, 
6; Fol. Acts, i., 648. 

29 Begiam Maj., i., 20; Fol. Acts, i., 604. 

50 Rpaiam Maj., i., 22; iii., 11; Fol. Arts, i., 604, 625. See 
Quon. Attach., c, 6; Fol. Acts, i., 648; Balfour, op. cit., pp. 317. 
324, 326. 

31 Balfour, op. cit., p. 326. 

32 Uegiam Maj., i., 20; iv., 37 ; Fol. Acts, i., 604, 638. 

92 Early Sheriff Court Book of Dumfries. 


Sheriff Court Book of Dumfries (2x0 October, 1537- 
31ST July, 1538). 

foi. 2] The Sherif Court of Drumfres, haldin in ye tolbuyt of 
ye samyn be ane honorable man Niniane Crechtoune of bella- 
byt, sherif wardir, the secund dai of ye monetht of October, 
in ye zer of god Imycxxxvii zeris — Sutis callit. Court lacht- 
fully affernit, absentis amerciit. 


The lard of closburne, the lard of kyrkmychell, Jhone 
Creichtoune, Master George dalzell, Jhone Cunynghame of 
birkshaw, Lard of dalquhat, lard of creachane, Alexander 
cottis, alexander kirkpatrik, Oswald cunynghame, Andro 
wilson, Barthole Smart, lard of Inglistoun, James crechtoun, 
petir macquhone. 

The samyn day Jhone gordoun & Jhone greirsone are 
chargit in plane court to compeir in ye nixt sherif court to heir 
& see cognitioun tane eftir ye form and tenor of our souerane 
Lordis lettres purchest be ye said Jhone gordoun aganis ye said 
Jhone greirsone. 

The samyn day all accionis movit betwix ye lard of Kyrk- 
mychell and all uthir glencorss are continuit to ye nixt court 
w* consent of bait ye parteis and warrant to keep ye samyn 
eftir ye forme and tenor of ye preceptis institit upone of befoir. 

The samyn day Jhone ^jreir and thomas gordoun for 
hymself and Katherin greir are compromittit to stand and 
abyde at ye decrete, consale, sentence arbitrale, and finale 
deliverance of ye lard of craigdarroh & symon cunynghame 
for the part of the said thomas and katherin, & of cuthbert 
greyr and robert greir for ye part of ye said Jhone greir and 
george cunynghame oursman anentis all accionis movit betwix 
yame all tyme bygane to yis day, & in speciale anentis ye 
spuylze of certane brekanis spuilzeit of ye said Jhonnis ground, 
quhilkis Jugis and oursman hes tane apoune yame ye saidis 
actionis, and sail meit ffor to decide ye samyn at^astelpharne 
ye xii day of October instant, and deliuer and decerne yr 
upone fourty dais yreftir. 

Earlv Sheriff C<jurt Bcjok of Dumfries. 93 

The samyn day Oswald cunynghame is boundin souertie 
to thomas amwligane yat justice salbe minsterit to him of 
John makclwne in ye barone court of glencarne of ane ox 
acclamit be ye said thomas of ye said John and yat upon liisday 
ye nynt day of October nixt tocum. 

Ve samyn day David younger is in amerciament of ye 
court for fait of entre as he yat was latfully attechit to William 

Wilsoun chalaner. Dome gevin be rob Lowrie. 
foi. 3] The samyn day the lard of craigdalroc forespeker for 
scharp in ye accioun and causs movit for marioune maxwell 
aganis hym protestit yat geif ye said marioune producit nocht 
hir previs at ye nixt court, as ye ferd court, yat ye said scharp 
mycht be dischargit of his dame. 

The sherif court of Drumfres haldin at penpunt ye vi 
■day of ye monet of November ye zer of God Inivcxxxvii zeiris 
be Niniane Crechtoun and Edward Jhonstoun deput. Sutis 
■callit. Court lawfully affermit, absentis amerciit. 


Lard of Lag, lard of Kyrkmychell, lard of Ross, Johne 
charteris, Johne crechtoun. Master George Dalzell, archibald 
Douglas, Jhone cunynghame of birkshaw, lard of creachane, 
cuthbert fergussoun, lard of Croglyne, Robert Charteris, 
Jhone Maxwell, petir Macquahen, alexander cottis. 

The samyn day Jhone Gordoun hes renuncit ye accioun 
and process of law movit in ye consistory be hym aganis Jhone 
greirsone anentis ye clame of xi ky & oxin acclamit be him of 
ye said John greyr. 

The samyn day Jhone gordoun of ye park of yat ane pt. 
& Jhone greirsone on yat uthir part are compromittit, bund, 
and oblist to stand and abyde at ye decreitt, consale, sentence 
arbitrale, and finale deliverance of ye lard of holm for ye part 
of ye said Jhone Gordoun, Gilbert Greir in penphillane for ye 
part of ye said Johne greir, and Niniane crechtoun oursman, 
anentis all questions, quareles, and debaitis movit betwix yame 
all tyme bygane, and in speciale anentis ye clame of xi ky & 
oxin acclamit be ye said Jhone gordoun upon ye said Jhone 
greir, and sail meit at Castelpharne upon thurisday ye xv day 

94 Early SheriI'F Court Book of Dumfries. 

of November next tocum and deliver yrintill within xx days 

The samyn day the lard of Kirkmychell hes producit ye 
Kingis lettres in ane accioun & causs movit be hym aganis ye 
glencorss and ye saidis glencorss hes allegit ye actioun advo- 
catit afore ye lordis and thairfor yai acht not to answer, 
quhairfor ye sherif wt ye consent of bayt ye pteis hes continuit 
ye said actionis to ye nixt court. 

The samyn day it is assignit to thomas M'Cubbin to 
compeir in ye nixt court to bring thorn gordoun quhilk he 
allegis is his warand of ye occupacioun of ye v sh. landis of 
craigleriane to answer to Thorn Momersoun chalanir for ye 
wrangus occupacioun of ye samyn and failzeand yi'of to answer 

to ye said Thorn Momersoun chalanir as law will. 
foi. 4] xhe samyn day thom momersoun offerit hym to preif 
lauchfully at ye nixt court yat he had in assedacioun of ye 
thre rudis of land quhilk thom gordoun allegit he occupit 

The sherif court of drumfres haldin at penpont ye xx day 
of december in anno xxxvii be niniane crechtoun of bellebo*, 
sherif wardor. Sutis callit. court lachfully affermit. 
absentis amerciit. 


Lard of Inglistoun, Jhone cunynghame of birkshaw, Lard 
of newtoun, gilbert greir in craignie, gilbert Wilsone, master 
george dalzell, Robert charteris, Johne crechtoun, Robert 
dalzell, petir makquhene, John crechtoun in blakadie, thom 
crechtoun, Robert greyr. 

The samyn day cristiane amuligane hes constitut creat & 
ordanit gilbert greirsoun and Sir thomas greirsone or any ane 
of yame hir procurators to wyn or tyne in all hir accionis 
movit or to be movit in ye sherif court, & promittit, ratif. , &'c. 

The samyn day it is assignit to William Jhonstoun to 
bring his warand to ye nixt court for ye wrangus haldin and 
intrometting wt ane gray meyr acclamit be matho broune to 
pertene to him as his propir geir, and failzeing of ye said 
warand to answer to ve said matho his chalener. 

Early Sheriff Court Book of Dumfries. 95 

The samyn day J hone clerk ahas amwligane and thorn 
clerk ar in amerciament of yis court for fait of entre as yai 
yat wes lachfuUy attechit to William ferg-ussoun chalener ffor 
ye spuilzeing of kow. Dome gevin be andro makcron. 

The samyn day andro portar offerit hym to preiff lachfully 
at ye nixt court yat paite glesseld promittit to pay him xxvii s. 
ix d. yat he wes in awin to thorn greyr bastard ye tyme of his 
decess and yat becauss ye said Andro has ye Kingis gift yi'of. 

The samyn day all actionis movit betwix thom gordoun 
and thom momersoun ar continuit with consent of bait ye 
pteis unto Witsounday nixt tocum. 

The samyn day Johne gracy and thom wilsoun are com- 
promittit, bund, and oblist to stand and abyde at ye decrete, 
(3onsale, sentence arbitrale, & finale deliverance of yir personis 
underwrittin yt is to say of Gilbert Wilsone for ye said thomas 
wilsone & of Johne Wilsone for ye part of ye said Johne gracy 
and of andro Wilsone oursman anentis all questionis 
foi. 5] aj^(j quereles indoit betwix yame, and sail meit yair- 
upone all in ane voce at ye kirk of tynrone ye xii day eftir 
zuilc and deliver yairuntill betwix yat day and candelmas day 
yeftir followand. 

The samyn day in ye accioun and causs mo\it betwix 
niatho gledstanis of Kelwod of yat ane part and Margaret 
Jardyng lady of Kelwod upon yat uthir pt. anentis ye terss 
of v crovinsworthe of land acclamit be ye said Margaret, the 
Inquest above written decernis and dellveris all in ane voce 
the said mathow to brouk ye said lands and ye said Margaret 
to have na terss yof, and yat becauss ye said mathow hes 
producit chartir and sasing of ye samyn maid to hym for 
liferent be umqule thomas gledstanis his father, and wes in 
possessioun yi'of befoir ye decess of umquhile Johne gledstanis 
hir husband. 

The sherif court of drumfres haldin at penpont ye xxviii 
day of Januar ye zer of god Imvcxxxvii zeris be Niniane 
crechtoun of bellebot sherif wardor. Sutis callit. absentis 


Lard of Closburn, lard of Lag, lard auchingassill, Johne 

96 PZarlv Sheriff Court Book of Dumfries. 

Crechtoun, Master George dalzell, Johne maxwell, John 
charteris, andro kirkpatrik, lard of craufurdtoun, John 
cunynghame of birkshaw, cuthbert fergussoun, lard of ross, 
Johne cunynghame, lard of creachane, Alexander Cottis. 

The samyn day the accioun movit be ye lard of blakmyr 
aganis ye lard of ballagane is continuit to ye nixt court wt 
consent of bayt ye parteis. 

The samyn day gilbert greir hes dischargit ye process 
led in ye consistory aganis andro portar anentis ye clame of 
xxii Lib. or ony pt. yairof acclamit apone ye said Andro be ye 
said gilbert. 

The samyn day it is assignit to andro portar to acquiit 
hym lachfully at ye nixt court yat he acht nocht to unquhile 
nichell thomsoun ye tyme of his decess xxii Lib. or ony pt. 
yairof and failzeand y^'of to answer gilbert greir and ye said 
nichell wiff. 

The samyn day Jhone clerk alias amwligane is in amercia- 
ment of yis court for fait of entre as he yat wes lachfully 
attechit to Willeam fergussoun chalantir for ye spuilze of 
certain zowis. Dome gevin be Johne connell. 

The samyn day pait corssoun hes renuncit ye process led 
in ye consistory be hym aganis Johne Greyr, &c. 
foi. 6] Tiig samyn day William Jhonstoun hes producit Jhon 
Jonstoun for his warand of ye meir acclamit be Mathow 
broune, and ye said Johne hes allegit Nicholl Jonstoun to be 
his warand, and it is assignit to him to produce his warand ye 
said Nicholl & ye said meyr and to do ye samyn Edward 
Jonstoun is boundin souerte. 

The sherif court of drumfres haldin at penpont the ferd 
day of June in anno xxxviii be Johne Crechtoun & Edward 
Jonstoun sherif deputis. Sutis callit. Court lachfully affer- 
mit. Absentis amerciit. 

Johne greirsone of ye lag, Johne matland of achingassell, 
andro Roresoun of bardennot, thomas fergussoun of craigdat, 
william kyrkpatrik of kirkmychell, archibald douglas, andro 

Early Sheriff Court Book of Dumfries. 97 

kirkpatrik, thorn wilsone of Crogline, John edgar, John 
douglas, thorn greyr, petir greyr, gilbert greir in camling. 

The samyn day harbert Maxwell is in amerciament of 
yis court for fait of entres as he yat found his lands and gudis 
borcht to follow and pursew ane fenss maid upone saml 
brovne guidis. Dome gevin be Johne connell. 

The samyn day Alex brovne is dischargit of harbert 
maxwell chalener quhill he be newly attechit. 

The sherif court of Drumfres haldin at penpont ye xxv 
day of June anno xxxviii be niniane crechtoun of bellebot, 
sherif wardoi". Sutis callit. court lachfully affermit. Ab- 
sentis amerciit. 


John greirsone of lag, Andro crechtoun, Johne crechtoun 
of Kirkpatrik, Robert charteris, Johne cunynghame of birk- 
shaw, master George dalzell, cuthbert fergussoun, John 
edzer of Inglistoun, Andro crechtoun, alexander cottis, petir 
dennoune of creachane, Roger charteris, John wrycht, Johne 
crechtoun of burngranis, John patersoun. 

The samyn day the laird of aldgart maxwell is in amercia- 
ment of yis court for fait of presens. Dome gevin be rob 

The samyn day Herbert cunynghame is becumin souertie 
to Wat Gurlaw to entyr ane blak horss, chalanit be andro 
Howat or ellis his warand quhilk horss is prisit to xix s. 

foi. 7] Yhe. sherif court of Drumfres haldin in penpont the 
xvi day of July in anno xxxviii be Johne crechtoun & edward 
Jonstoun, sherif deputis. Court lachfully affermit. Sutis 
callit. Absentes sequuntur. 

The samyn day Watt Gurlaw hais enterit ane blak horss 
challentit be david Howat and his warand Roddie Kyrk- 
patrik, and ye said Roddie hais allegit ane warand and desyris 
ye nixt court to produce hys warand and hais fund Thorn 
Maxwell in Drumfres borcht for hym yat he sail enter ye said 
horss & his warand at ye nixt court or ellis incur ye danger 
and price yrof. 

yy Early Sheriff Court Book of Dumfries. 

The samyn day ye sherif deputis hes continuit all 
actionis to ye nixt court in ye same effect yin as yis day. 

The sherif court of Drumfres haldin at penpont ye penul- 
timate day of July be John Crechtoun & Edward Jonstoun 
sherif deputis. Sutis callit. Court lachfully affermit. 
absentes subsequuntur. 

The samyn day Roddie Kyrkpatrik hes enterit his warand 
Robin Kirkhat for ye blak horss chalentit be David Howat to 
ye court as ye thryd court, and ye said robert has allegit ane 
warand & hais. fund thom Maxwell borcht to entir ye horss 
•or ellis ye warand at ye nixt court as ye ferd court & court 


Notes Regarding the Persons Mentioned in the 
Sheriff Court Book. 

It may be of some interest to endeavour to identify some, 
at all events, of the persons who are mentioned in our Sheriff 
Court Book. 

Three Sheriff-Deputes are mentioned — John Crichton, 
Edward Johnstone, and Ninian Crichton of Bellibocht, who is 
styled " Sheriff Wardir. " It seems probable that the first and 
third were Crichtons of Kirkpatrick. On 30th January, 
1481-82, Edward Crichton of Kirkpatrick served on an 
.assize ;'5'5 and on loth August, 1484, we find a Crown charter, 
confirming a charter of the lands of Bellebeth and others, by 
Sir Robert Crichton of Kirkpatrick in favour of his son 
Edward. '5^ Edward's heir was his son Robert,^ and his son 
John is mentioned in 1543 and 1547. ■^s In 1525 Ninian was 
tutor to Robert, Lord Sanquhar ;36a and it was owing to a 
•deadly feud between him and James Douglas of Drumlanrig 

33 Hist. MSS. Comm. XV. Eeport, Pt. viii., 48. 

34 B.M.S., u., 1594. 
' 35 B.M.S., u., 2490. 

36 Charters in H.M. Begister House, Edinhurgh, 1318. 1896. 
•36a jlct. Dom. Cone., xxxvi., fol. 48. 

Early Sheriff Court Book of Dumfries. 99 

that Edward Johnston, burgess of Dumfries, was made a 
Sheriff-Depute in 1531. The feud had its origin in the slaugh- 
ter of one of Drumlanrig's retainers by some of Ninian's 
people ; and Drumlanrig applied to the lords of Council for 
exemption, on behalf of himself, his kinsmen and servants, 
from appearing before Ninian and his deputes in their capacity 
of judges. Accordingly the lords, with consent of parties, 
appointed Johnstone to act in all cases in which Drumlanrig 
or those related to him were concerned. ^'^ 

We come now to the jurors. The laird of Closeburn was 
Thomas Kirkpatrick. Of this member of a well-known family 
little seems to be ascertainable. •^'^'^ We find a Crown charter, 
dated 12th May, 1538, in favour of Thomas, son and heir of 
Sir Thomas Kirkpatrick of Closeburn deceased, of the lands 
of Auchinleck and Newtown in the barony of Tibbers and 
sheriffdom of Dumfries. ^^ 

The laird of Kirkmichael was William Kirkpatrick, 
whose father. Sir Alexander Kirkpatrick, had an interesting 
history. On 2nd October, 1484, King James III. granted to 
Alexander Kirkpatrick and his heirs the lands of Kirkmichael 
and others as a reward for his great services in battle against 
the Duke of Albany, James, Earl of Douglas, and other rebels, 
and especially for his capture of the said Earl. 39 According 
to David Hume of Godscroft,^^ Earl Douglas was in 1483 
taken prisoner at the battle of Burnswark by Alexander, a 
brother of the laird of Closeburn. This Alexander had been 
one of his own attendants, and on the Earl's surrender to him, 
kept him until he saw the King and obtained from him the 
Earl's life. The King gave Kirkpatrick the ;^5o land of 

57 Act. Bom. Cone, et Sess., ii., fol. 184; Act. Dom. Cone, xlii'.. 
fol. 91. 

37a In 1525 Thomas was a pupil, his tutor being John Kirk- 
patrick of Alisland. He seems to have been brought up, firstly, by 
Robert, Lord Sanquhar, and on his decease by Ninian Crichton of 
Bellibocht (Act. Dom. Cone, xxxvi., fol. 6). 

38 B.M.S., iii., 1788. 

39 B.M.S., ii., 1603. 

40 The History of the House and Race of Douglas and Angus, 
Edinburgh, 1743, i., 380. 

100 Early Sheriff Court Book of Dumfries. 

Kirkmichael, which, says Hume, " is possesst by his heirs 
until this day." He was knighted, and was alive in 1532.*! 
Apparently Robert, his eldest son, the husband of Marion 
Maxwell,''^ predeceased him.^s He died before 23rd July, 
1537, the date of a charter in favour of his son and heir, 

The John Crichton next mentioned is probably John 
Crichton of Kirkpatrick, who is referred to as a juror at the 
court held on 25th June, 1538, and of whose family we have 
already spoken. 

Master George Dalzell served as a juror at many of the 
courts. So far we have been unable to obtain any further 
information regarding him. 

John Cunynghame of Birkshaw was probably connected 
with the family of the Earl of Glencairn. We find references 
to Philip Cunynghame of Birkshaw in 1497, 1514, and 1520,^^ 
and to Andrew Cunynghame of Birkshaw in 1518.''^ John 
Cunynghame died before 26th August, 1547 — the date of an 
instrument of sasine in favour of his relict, Marjorie Cunyng- 
hame. ^'^ He had two sons, Andrew and Robert, and was 
apparently succeeded by the former. ^^ We find several later 
notices regarding this family — an instrument of sasine in 
favour of Nicolas, daughter of James Grierson of Capenoch, 
and spouse of Robert, son of Cuthbert Cunynghame of Birk- 

41 R.M.S., iii., 1204. 

42 She subsequently married Roger Gordon of Crago (see refer- 
ences in next note). 

43 See two instruments dated respectively 21st October, 1534, 
and 20th August, 1538 (Sir Marc. Carruthers Prot. Bk. (1531-61), 
fols. 20, 32; B.M.S., iv., 2317). 

44 B.M.S., iii., 1948. But see ib., iv.. 2317. 

45 Lag Charier Chest, 4=4=, 84; Fraser, Scotts of Buccleugh, ii., 

46 Charters in H.M. Begister House, Edinburgh, 870. He was 
tutor testamentary of William Cunynghame of Cunynghameheid. 

47 Herbert Cunyngham, Prot. Bk. (1541-50), 65, printed in the 
Trans, of the D. and G. N. H. and A. Society (1913-14). 

4« lb., 37, 66, 78. 

Early Sheriff Ccjlirt Book of Dumfries. 101 

shaw, dated 31st December, 1664 ;''9 another such instrument 
dated 8th November, 1708,^0 in favour of John, Robert's son ; 
and yet another, dated 19th November, 1709,^1 of half the 
lands of Birkshaw, in favour of James Grierson of Capenoch 
by John Cunyngham?, with consent of his wife, Agnes Kirk. 

The laird of Dalquhat was probably either the Malcolm 
M'Gachane of Dalquhat who served as juror in 1505 and 
1520,52 or Alexander M'Gachane of Dalquhat who acted in 
the same capacity in 1544.53 We find notices of several lairds 
of Dalquhat of this name : — Archibald in 1566,5'' James in 
1614,55 John in 1648 ;56 and on 30th March, 1743, Robert was 
served heir to his father, Robert M'Gachen of Dalquhat. 5'' 

The laird of Creachane was Petir Dennoune. We find 
a charter of the time of King- Robert I. in favour of Adam 
or Allan Dennun of the lands of Calsehogill.58 On 30th 
January, 1481-2, John of Dennen of Creochane served on an 
inquest j59 and in a precept of sasine dated 4th March, 1498-99, 
John Dynnone of Creochane and his son Peter are referred 
to.^° On 24th November, 151 1, Peter had letters of license 
from King James IV. to sell his 50s worth of land of Glencors 
and Dalquhargzeane in the parish of Closeburn to Drumlan- 

49 Recorded 3rd January, 1665 (GV/i. licg. of ,S<isines). 

50 Recorded 20th November, 1708 (Dumfries Fart. lie(j. of 
Sa si lies). 

51 Recorded 24th November, 1709 (Dumfries Fart. Feu. '>f 
Sasines) . 

52 Lag Charter Chest, 48, 84. 

53 Hist. MSS. Comm. XV. Feport, App., Pt. viii., p. 19. 

54 Herbert Anderson, Prot. Bk. (1566-69), 12, printed in the 
Trans, of the D. and G. N. H. and A. Soc. (1914-15); Feg. of Frivy 
Council, xiv., 300. 

55 Lag Charter Chest, 188. See also a bond dated 28th October, 
1601 (Hist. MSS. Comm. XV. Report, App., Pt. viii., p. 69). 

56 MS. Beg. of the Comm. of Estates, under date 14th October. 
1648; H.M. Reg. House, Edinburgh. 

57 Services of Heirs. 

58 E.M.S., i., App. ii., 302. 

59 Hist. MSS. Comm. XV. Report, App., Pt. viii., p. 48. 

60 In the possession of Thomas Yule, Esq., W.S. 

102 Early Sheriff Court Book of Dumfries. 

rig;6i and he is mentioned in 1520, 1545, 1546, and 1549-^2 
In 1566 he, his wife Christina Grierson, and his son Peter are 
referred tO:^ 

Alexander Cottis seems to have been a parishioner of 
Glencairn.^ As to Alexander Kirkpatrick, Oswald Cunyng- 
hame, and Andrew Wilson we have no information. 

Barthole Smart is mentioned as a parishioner of Glen- 
cairn on 20th February, 1546-7.^5 a person of that name 
is frequently designated as being " in Marquhryne."^ It 
seems that he was a merchant in Glencairn, and had obtained 
a charter of the 2^ merkland of Marquhirn from the Karl of 
Glencairn in 1585.^'^ 

The laird of Ingliston was John Edzer. On 30th Januar/, 
1481-82, Uchtre Edgar of Ingliston served on an inquest j^^ 
and on February 21st, 1498-99, he was decerned to 
pay to the King and his Treasurer ;^.4o, in whicn 
he was bound for Cuthbert Greresone as surety that 
the latter would not vex nor trouble Margaret 
Akinzeane, relict of Donald Greresone, in the peaceable enjoy- 
ment of the merkland of Kere called Penmarte.^^ On 20th 
January, 1514-15, Agnes Langmure, with consent of her 
husband, Nicholas Edzar of Ingliston, granted a charter of 
certain lands in the county of Renfrew ;™ and it seems probable 
that John'^i was the next proprietor. We learn that in 1546 

61 Hist. MSS. Comm. XV. Beport, App., Pt. viii., p. 65. ' 

62 Lag Charter Chest, 84; H. Anderson, Proi. Bk. (1541-1550). 
22, 79, 80, 81 ; Charters in H.M. Beg. House, Edinburgh, 1398. 

63 H. Anderson, Prot. Bk. (1566-69), 11. 

64 Charters in H.M. Beg. House, Edinhurgh, 1392. 

65 Ihidem. 

66 H. Anderson, Prot. Bk. (1541-50), 37. See Lag Charter Chest, 
143, 144. 

67 See Smart v. Glencairn, 8th March, 1619, Acts and Decreets, 
cclxxxviii., fol. 87. 

68 Hist. MSS. Comm. XV. Beport, App., Ft. viii., p. 48. 

69 Act. Bom. Cone, ii., 332. 

70 B.M.S., ii., 153. 

71 In our Ck)urt Book he is styled " of Ingliston " in the list of 
jurors at the court held on 25th June, 1538 (fol. 6). 

Early Sheriff Court Book of Dumfries. 103 

some portion of the lands of Ingliston were in possession of 
John Edzar. His wife was Isabella Fergusson, and he had 
three sons — Uchtred, whose wife was Elizabeth Roreson, and 
Cuthbert and John.'^^ j^ jg stated in a notice of 1560 that 
John was in possession of the five merkland of Ingliston '^^ 
and he or his son John were jurors on assizes in 1607 and 
j5j^_73a It seems probable that the lands passed shortly 
thereafter from the Edgar family. 

Of James Crichton and Peter Macquhone we know 

The laird of Lag was John Grierson, the son of Roger 
Grierson of Lag, who fell at Flodden, and Agnes, called by 
some writers Janet, daughter of James Douglas of Drum- 
lanrig by Janet, daughter of David Scott of Buccleugh. He 
died before loth July, 1559, having been twice married — 
firstly, to Nicolas Herys, by whom he had a son William, 
who succeeded him, and two daughters, Nicolas, who mar- 
ried John Charteris of Amisfield, and Jonet,'^^ who married 
John, son and heir apparent of John Schaw of Haly. He 
married, secondly, Egidia, daughter of Sir John Kennedy of 
Culzean, by whom he had four sons — Roger, who eventually 
succeeded to the family estates, John, Thomas, and Roger, 
and two daughters — Elizabeth, who married James Lindsay 
of Barcloy, and Agnes, who married Archibald, son and heir 
of John M'Brayr of Almagill. 

The laird of Ross was Roger Kirkpatrick. We find a 
reference under date 4th May, 1536, to him and his wife 
Katherine,'^^ a sister of Thomas Kirkpatrick of Eliesland.''^ 
He died before 8th November, 1548, as Katherine is then 

72 H. Anderson, Prot. Bk. (1541-50), 39, 53, 93; id., Prot. Bk. 
(1566-69), 37, 38. 

73 Beg. of the Privy Council, xiv., 300. 
73a B.M.S., vii., 320, 1258. 

74 Perhaps she was born of the second marriage. 

75 Charters in H.M. Peg. House, Edinburgh, 1125. 

76 75., 1687; see 1688, 16896. 

104 Early Sheriff Court Book of Dumfries. 

referred to as his relictj^ and was succeeded by his son 

We have no information with regard to Archibald 
Douglas or Cuthbert Fergusson. 

The laird of Croglin was Thomas Wilson. The earliest 
notice of this family known to us is a memorandum dated 
2nd May, 1537, recording that the procurator for Thomas 
Wilson and Marion Kirkpatrick, executors of the late John 
Wilson of Croglin, indemnify Bartholomew Smart in regard 
to a certain payment. '^^ Thomas Wilson married Agnes 
Grierson, relict of John Gordon of Blakat.^^ She was pro- 
bably his second wife and sister of Gilbert Grierson of Dalton, 
whose son Gilbert married Croglin 's daughter about the year 


Of Robert Charteris and John Maxwell we know nothing. 

The laird of Newtoun was Thomas Padzeane. He is 
mentioned as a witness in 1534, 1538,^2 1567, and 1568.^^ On 
nth September, 1605, Roger Paidzeane, his son, was served 
his heir ;84 and on 12th May, 162 1, John Pedzeane was served 
heir to his father, Roger. ^^ John married Elizabeth Dalzell ;S^ 
and it seems to have been he who married as his second wife 
Elizabeth Kirko, relict of Thomas Grierson of Barjarg.^'^ 

Gilbert Greir in Craignie appears to have been a tenant of 
the lands. On 3rd October, 1520, Roger Grierson of Craignie 
served on an assize ;S3 and in an instrument dated 29th May^ 

77 H. Anderson, Prot. Bk. (1541-50), 49. 

78 Hist. MSS. Comm. XV. Report, App.^Vt. viii., p. 54. 

79 Sir Marc Carruthers,, Prot. Bk. (1531-61), fol. 30. 

80 H. Anderson, Prot. Bk. (1541-50), 69, 84. 

81 Dalton Charter Chest, 14, 25, 31. 

82 Sir Marc Carruthers, Prot. Bk. (1531-61), fols. 20, 32. 

83 H. Anderson, Prot. Bk. (1566-69), 40, 74. 

84 Inquis. Spec, Dumfries, 30. 

85 lb., 106. 

86 See an instrument of sasine dated 17th July and recorded 
20th August, 1621 (Dumfries Particular Reg. of Sasines). 

87 See an instrument of sasine dated 6th and recorded 8th April, 
1642 (Dumfries Particular Reg. of Sasines). 

88 Lag Charter Chest, 84. 

Early vSherikf Court Book of Dumfries. 105 

1528, Gilbert Grierson in Craignie is referred to as tutor of 
John Grierson of Lag-.^^ In 1531 and 1548 he is mentioned 
as a witness.^ 

John Crichton in Blakadie — Perhaps the designation 
refers to " Blakadie lie Kirkland de Sanquhar. "^i 

As to Robert Charteris, Robert Dalzell, Thomas Crichton, 
and Robert Greyr we know nothing. 

The laird of Auchingassell was John Maitland. On 23rd 
August, 1369, George of Dunbarre, Earl of March, granted 
to John Mantalent, the husband of Agnes, the Earl's sister, 
and to Robert, their son, and to Robert's heirs, the lands of 
the barony of Tybris, including inter alia the lands of Auchyn- 
gasylle, excepting the castle of Tybris with Dalgarnok.^ On 
nth October, 1401, King Robert III. granted a charter of the 
lands of Tybrys to Robert Mantalent, knight.^ On 3rd 
January, 1450-51, William Maitland of Thirlstane granted a 
charter of certain lands to his brother James and Giles 
Skrymgeowre, his wife j^'^'^ and on nth May, 1506, James was 
returned as heir to his father, Robert Maitland in Achingas- 
sell, and other lands. ^ On 21st July, 15 10, James granted a 
bond in favour of Drumlanrig ;95 and on 25th August, 1526, 
letters of respite were granted by King James V. to John, son 
and heir apparent of James. ^ On 25th April, 1541, the King 
granted a charter of the castle and mote of Tibris to his well- 
beloved esquire, John Maitland of Achingassell.^'^ 

We have no information regarding John Maxwell, John 
Charteris, and Andrew Kirkpatrick. 

Crawfordton belonged to a branch of the Crichton family ; 

89 Charters in H.M. Beg. House, Edinburgh, 1026. 

90 Lag Charter Chest, 89, 100. , 

91 Inquis. Spec, Dumfries, 48. 

92 Hist. MSS. Covim. XV. Report, .4pp., Pt. viii., p. 32. 

93 lb., p. 33. 
93a Ibidem. 

94 lb., 34. 

95 lb., p. 14. 
^ Ibidem. 

97 B.M.S.. iii., 2342. 

106 Early Sherii'i- Court Book of Dumfries. 

but we are unable to say with certainty what was the name of 
the laird at the date of our Sheriff Court Book. On 5th 
March, 1471-72, Alexander of Crechton of Crawfordstoun 
served on an inquest.^ On nth May, 1506, Robert Crichton 
of Crawfordton acted in a like capacity ;1°° and in 1546 John 
Crichton of Crawfordton was a witness. 1°^ Andrew Crichton 
of Crawfordton is mentioned in an instrument dated 20th 
February, 1546-47 ;^°2 and on 6th April, 1549, sasine of the 
fourteen merkland of Crawfordton and Stewarton was given 
to John, Andrew's son and apparent heir.^o^ John's wife was 
Christina, daughter of William Cunynghame of Craiganis.^o* 
On 13th April, 1609, John's son, likewise John, was returned 
as heir of his father and Andrew, his grandfather ;^'^^ and on 
28th June, 1 61 4, James Crichton of Crawfordton and his son 
James were witnesses. ^^^ On 3rd December, 1628, John was 
served heir to his father, James. 1°'^ He married Marion, 
daughter of Stephen Laurie of Maxwelton and Marion Cor- 
sane, and relict of William Brown of Ingliston, minister of 
Glencairn.i'^8 John Crichton had five daughters, but no son ; 
and on 9th July, 1647, he granted a disposition of the lands of 
Crawfordton to John, son of William Brown mentioned above, 
on condition that he should marry one of his daughters. ^^ 

98 Hist. MSS. Comm. XV. Beport, App., Pt. viii., 35; Lag- 
Charter Chest, 16. 

99 Hist. MSS. Comm. XV. Beport, ^pp.. Pt. viii., 35. 

100 Ih., p. 34. 

101 B.M.S., iii., 3201. 

102 Charters in H.M. Beg. House, Edinhvrgh. 1392. 

103 H. Anderson, Prot. Bk. (1541-50), 75. 

104 Ih., 83. 

105 Inquis. Gen., 416, 417. John's daughter Marion married 
WilJiam Grierson of Kirkbride (see an instrument dated 4tli and 
recorded 30th November, 1619, Pumfries Particular Beg. of Sasines). 

106 Lag Charter Chest, 187. 

107 Inquis. Gen., 1454. 

108 The marriage contract was dated 19th August, 1643. See an 
instrument dated 9th and recorded 16tli September, 1643 (Dumfries: 
Particular Beg. of Sasines). 

109 Laing Charters, 2377. 

Early Sheriff Court Book of Dumfries. 107 

On gth October, 1655, Brown entered into an obligation to 
marry John Crichton's daughter Agnes, and to assume the 
Crichton name and arms.^^o Brown was retoured heir to his 
father on 2nd June, 1656, ^^^ and on i8th June, 1657, his father- 
in-law disponed to him and his wife the eight merkland of 
Crawfordton and the six merkland of Stewarton in liferent, 
and to his son, John Brown, in fee, on condition that he 
assumed the name and arms of Crichton. ^'^^ From an instru- 
ment dated 4th May, 1652,11'^ we learn that of John Crichton's 
five daughters, Barbara married James Elliot, brother of Gil- 
bert Elliot of Stobs. She had, it seems, been previously 
married to Robert Maxwell, younger of Portrack.^^'* Margaret 
married, firstly, William Gledstanis, minister of New Abbey, 
and, secondly, James Moir, minister of Troqueer.ii^ Janet 
married John Elliot ; Elizabeth remained unmarried ; and 
and Agnes married, as we have seen, Brown of Ingliston. 

We have no information regarding John Cunynghame. 

The laird of Bardennoch was Andrew Roreson. In 1472 
Alexander Roreson of Bardennoch served on two assizes ;ii^ 
and on i6th August, 1507, the King confirmed a charter dated 
on 13th of that month and year of the 2^ merkland of Barbwye, 
in the parish of Glencairn, in favour of Andrew Roreson of'' Andrew is mentioned in 1509 and 1539 ji^^ 
and on 3rd December, 1545, he, Andrew his elder son, and a 

110 n., 2474. 
Ml Ih., 2487. 

112 Ih., 2499. 

113 Recorded 22nd May, 1683 {Dumfries Particular Reg. of 

114 See au instrument dat«d 1st and recorded 8th May, 1652 
(Dumfries Particular Beg. of Sasines). 

115 Gen. Peg. of Homings, 7th August, 1666; Gen. Peg. of 
Inhibitions, 24th January, 1670. 

116 Hist. MSS. Comm. XT'. Peport, A pp., Pt. viii., 35; lag 
Charter Chest, 16. 

117 B.M.S., ii., 3122. 

118 P. M.S., ii., 3377 ; iii., 2029. In 1524 Lochinvar was delated 
of the slaughter of Gilbert Roreson of Bardannoch {Act. Dom. Cone, 
XXXV., fol. 181). 

108 Early Sheriff Court Book of Dumfries. 

voung-er son Gilbert, are referred to.^^^ It may be that Eliza- 
beth Roreson, wife of Uchtred Edgar, son and heir apparent 
of John Edgar of Ingliston, was his daughter. 120. On nth 
June, 1549, Andrew Rc-reson, junior, is mentioned as tutor of 
Bardennoch ;i2i and we find an instrument of sasine dated 5th 
July, 1566, of the five merkland of Bardennoch and the 
;^3 3s 4d land of Creichane in favour of Thomas, Andrew's 
son. 1*22 Douglas of Drumlanrig having obtained the gift of 
the ward and marriage of the two daughters of Simon Car- 
ruthers of Mouswald, deceased, and having established their 
title to their father's lands, entered into an agreement in terms 
of which Thomas Roreson of Bardennoch married the elder 
daughter, she disponing to Drumlanrig half of the lands and 
barony of Mouswald. Drumlanrig proposed a similar arrange- 
ment for her sister Marion. She, however, declined to accede 
to the proposal, and rather than submit, threw herself over 
the tower of Comlongon Castle, " thairthrow wilfullie breking 
of her awin craig and banis quhairof she deit.^^s j^ ic,8i 
Thomas Roreson was charged with treason, in that he had 
committed the crime of coining and circulating false money 
to the extent of two thousand merks in the year 1573. The 
following persons were summoned as witnesses : — Cuthbert 
Cunynghame in Castelfarne, John Setlingtoune of Stanehous, 
John Kirkchaugh of Wogrie (Bogrie), John Welsch of Coles- 
toun, George Greirsoun of Balmacurane (Dalmacurane), 
Robert Greirsoun in Inglistoun, Malcolm Fergussone in 
Cadzeloch (Caitloch), Edward Crechtoun in Gordounestoune, 
Quintigerne M'Adam in Knokingaroch, and Edward Fergus- 
soune in Over Inglistoun. In the absence of the accused, the 

119 H. Anderson, Prot. Bk. (1541-50), 35. 

120 16., 39. 

121 Ih., 79. 

122 H. Anderson, Prot. Bk. (1566-69), 13. On 10th July, 1563, 
Thomas was served heir to his father, Andrew (Inquis. Spec, Dum- 
fries, 6). 

123 W. Fraser, The Annandale Family Book, Edinburgh, 1894, i., 
pp. xxsi. ff. ; J. J. Reid, " Barony of Mouswald and Barons : A Page 
of Border History," Proc. of Soc. of Antiquaries of Scotland 
(1888-89), xsiii., pp. 24-79; see R.M.S., iv., 1440. 

Early Sheriff Court Book of Dumfries. 109 

Court of Parliament found him guilty of treason, and ordered 
confiscation of his property moveable and immoveable, and his 
person to underlie the pain of treason and last punishment 
appointed by the laws of the realm. ^24 

Thomas was succeeded by his son Andrew, who is referred 
to in 1588 and 1607.^25 He married Grissell Grierson, relict 
of William Kirkhaugh of Chappell.^26 

The laird of Craigdarroch was Thomas Fergusson.^^? 
We have no information regarding John Douglas and 
Thomas and Peter Greyr. 

Gilbert Greir in Camling seems to have been a tenant of 
the laird of Lag.^^s 

Of Andrew Crichton, Roger Charteris, John W^rycht, 
John Crichton of Burngranis, and John Paterson we know 

At Fol. 3 of our Sheriff Court Book there is a notice of an 
action between the laird of Kirkmichael and " ye Glencorss." 
This notice is explained by certain entries belonging to the 
year 1537 in the " Acta Dominorum Concilii, "129 which refers 
to an action by John and Archibald Glencors, tenants of the 
land of Glendenholme against John Glencors of that Ilk and 
the laird of Kirkmichael in order to ascertain who it was of 
the two last-mentioned who was legally entitled to the rents. 

At Fol. 4 Sir Thomas Grierson is mentioned. He was 
minister of Penpont, and brother of Gilbert Grierson in 

At Fol. 5 Matthew Gledstanis of Kelwod and Margaret 
Jardyng, lady of Kelwod, are mentioned. This family is fully 
dealt with by Mr R. C. Reid in the notes to his recent edition 
of Edgar's History of Dumfries. 

124 Fol. Ads., iii., 204-6; cp. B.M.S., v., 284. 

125 R.M.S., vi., 69; 1968. 

126 See an instrument of sasine dated and recorded 2nd January. 
1620 (Dumfrie.'i Particular Reg. of Sasines). in her favour. 

127 See Records of the Clan and Name of Fergtisson, Ferguson, 
■and Fergus, ed. by James Ferguson and Robert Menzies Fergusson, 
Edinburgh, 1895, pp. 386-7. 

128 See Lag Charter Chest, 106, 118-122. 

129 ix., fol. 102; xi., fol. 112. 

110 Early Sheriff Court Book of Dumfries. 

At the same folio the laird of Blakmyr and the laird of 
Ballagane are mentioned. Fergus Amuligane of Blakmyr and 
Duncan Hunter of Ballagan served on an inquest on 22nd 
April, 1505.12° The latter family is frequently mentioned. 

The Provosts of Lincluden. 

By R. C. Reid. 

This paper forms Part I. of a History of the Collegiate 
Church of Lincluden, and vi^ill be published when that work 
has been completed. 

9th February, 1917. 

Chairman — Alexander Turner, V.P. 

Characteristics of Alpine Plants. 

By Provost S. Arnott, F.H.S. 

Some difficulty exists in classifying what may be called 
Alpine plants. Horticulturally, plants which are of dwarf 
stature have been grouped under this title, whether natives of 
mountains or lowlands. I do not intend, however, in these 
notes to adopt this broad classification, but to deal alone with 
the subjects which are to be found on the higher ranges of 
the European Alps. Even this restriction gives rise to some 
difference of opinion and difficulty, as authorities on the sub- 
ject disagree regarding the elevation at which the plants may 
justifiably be classed as Alpine, rather than sub-Alpine. This 
is of but little consequence, however, as the line of demarca- 
tion is not a hard and fast one. Roughly speaking, we may 
take an altitude of 5000 feet as a fair basis, and discuss the 
plants above that as revealing the characteristic features of 
the true Alpine. 

130 Lag Charter Chest, 48. See Hist. M,SS. Comm. XV. Beport,. 
App., Pt. viii., 35. 

Characteristics of Alpine Plants. Ill 

The subject of the origin of the Alpine flora is not free 
from doubt. The general theory — that of Charles Darwin, 
Sir Joseph Hooker, and other scientists — may be concisely 
given as follows : — The flora of Europe and North America in 
the Miocene and Pliocene periods were practically similar. 
The Alpine regions had their own flora, and in the far north 
there was also what is called the ancient Arctic flora. This 
was, of course, previous to the Ice Age. 

With the advent of the Ice Age these floras had gradually 
to take up their quarters further and further southward. 
Therefore the ancient Arctic flora migrated into Canada and 
the United States and into Europe. In Europe the southward 
trend of the Miocene flora was checked by the Alps and other 
mountains. This flora, coming against the glaciated Alps, 
became almost extinct. A few plants, however, survived. 
As the glacial area extended, the ancient Alpines were driven 
into the Lowlands, where they became associated with the 
ancient Arctic flora. As the glaciation decreased again some 
of the ancient Arctic, as well as some of the ancient Alpine 
plants, ascended the mountains and originated the present 
Alpine flora. 

This theory, however, has found able opponents, and 
some of these urge that Central Asia was the original home 
of the Alpine plants, and it is known that a plant grown in the 
Arctic region presents many differences from one from the 

This statement is desirable as an introduction to the 

One of the most marked characteristics of Alpine plants 
is that of their early flowering. The reason for this habit 
is an obvious one, which, however, the uninitiated are apt to 
overlook. It is, of course, due to the fact that the plants 
have to make provision for their reproduction by means of 
seeds within a very short period. Their revival from their 
winter's rest, their flowering, the formation and ripening of 
their seeds, and the dispersal of these must be completed 
within a brief period of the short summer of these high alti- 
tudes. Some of the seeds, indeed, have to find a suitable 

1 12 Characteristics of Alpine Plants. 

resiing place before the early winters set in, and may even 
crerminate before that time. 

Their pre-winter j,>:crmination is not common, but to 
make up for this it is remarkable how rapidly the seeds ger- 
minate with the melting- of the snow; In cultivation in this 
country it has frequently been observed what rapid germi- 
nation takes place after a fall of snow. 

It can thus be emphasised that the main factor in the 
early lowering of these plants is due to the necessity of their 
reproduction being provided for within a short season. 

With some of the bulbous plants, such as certain Col- 
chicums, which flower late, the danger of injury to the future 
of the race is guarded against by the fact that the ^eed 
vessels, like the leaves, are not produced until spring, but 
are snug beneath the surface, only emerging to ripen when 
risk of destruction from winter's rudeness has passed away. 

We now come to the question of the preservation of the 
plants from the severe conditions they have to sustain. 
When they are shrouded in snow during the winter there is 
little danger. That snowy covering is a screen far more 
effective than any which man can provide, unless at a cost 
and by means which cannot be provided in the economy of 
nature. There are, however, plants which have to exist on 
bare, wind-swept slopes, where snow cannot lie for long, and 
where they are exposed to conditions of the utmost hardship. 
These are protected in the same way as others are screened 
from injury by the equally trying conditions of periods of 
drought and brilliant sunshine. In many plants the leaves 
are covered with hairs or even protected by felt-like coatings, 
which ward off the extremes of cold and heat in the most 
■effectual way. These protections are of most avail in 
summer, and many plants which could not, even with these 
•contrivances, withstand the wintry conditions of these wind- 
swept slopes can be guarded against the trials of summer in 
their own habitats by these contrivances. Some are densely 
covered, and others have these protections less patent to the 
observer. An example of a plant with almost the maximum 
of such protection is the well-known Edelweiss. Many of 
the Saxifrages possess almost the minimum of this protec- 

Characteristics of Alpine Plants. 113 

tion. It consists in their case of a number of hairs, which 
retain a " layer," if we may employ that term, of air, which 
prevents rapid evaporation and undue strain upon the stomata 
or pores of the leaves. It is exceedingly interesting to 
observe how, even in cultivation, this feature becomes more 
developed when leaves are exposed to the sun. Some plants 
of these Saxifrages will show a small supply of hairs when 
in the shade, and a greatly increased number in sunny places. 

For shelter against the parching heat of strong sunshine 
it would hardly be expected that the Sempervivums, or 
Houseleeks, would require any such arrangement, but certain 
species are fully provided with hairs, in some cases only along 
the thin leaf-margins, but in others all over the leaves, and 
in a few species this is still further supplemented by a cob- 
web-like arrangement of hair stretched across the rosette in 
the most delightful way. 

This brings us to the fleshy or succulent nature of the 
leaves of many of these plants. This provides a store of 
moisture, on which the plants can draw during drought, and 
is very apparent among the Sempervivums and Sedums. It 
may be mentioned, however, that such arrangements as those 
remarked upon for protection against drought are not pecu- 
liar to Alpines, but are common among plants exposed to 
excessive drought at certain times. 

Another method of protection is that afforded by a floury 
or mealy substance, which clothes the leaves — generally the 
lower surface — and frequently the stems and bracts of certain 
flowers. This serves in some measure as a screen against 
the strain on the plant caused by the refraction of the sun 
on the snow about the plants. I am not aware, however, if 
this question has been as fully considered as one might ex- 
pect, and I have a measure of doubt as to the reason of this 
powdery arrangement. 

A marked characteristic of the Alpine plants is the scale- 
like coverings which shield the stomata of certain subjects. 
Some plants, such as the Alpen Rose — Rhododendron ferru- 
gineum — have a brown, rust-like appearance underneath the 
leaves. This is composed of a series of scales covering the 

114 Characteristics of Alpine Plants. 

stomata or pores, which are on the under surface of the 
leaves alone, and preventing excessive respiration. 

Another point which has been frequently remarked 
upon is the intense brilliancy of the flowers — a brilliancy 
which is not so apparent in cultivation — and is doubtless the 
product of the pure air and undimmed sunshine the plants 
enjoy in their season. This brilliant colouring has the effect 
of attracting many insects, which, in their search for honey 
and pollen, convey the latter from flower to flower or assist 
in the process of fertilisation in many flowers which are self- 

Some interesting speculations have been evoked by the 
question as to w^hich colours were most attractive to the 
insects, but I must say that the conclusion that red flowers 
are the most frequented is not borne out by flowers in cul- 

A pronounced characteristic of Alpines is that of pro- 
ducing a dense, tufted habit of growth, with short stems and 
spreading roots. By the former habit the plants are less ex- 
posed to fierce w'inds and are less liable to exhaustion. The 
roots are of a kind which will enable the plants to draw their 
nourishment from a wide area. Many of them penetrate far 
into gravel and loose soil ; while others, with what are known 
as tap roots, push far down into the crevices of the rocks 
and draw their nourishment from sources untouched by 
drought or heat. 

Such are some of the characteristics of these charming 
plants, the products of trial and adversity. When or how 
they were originally produced lies beyond mortal ken. It 
is sufficient, perhaps, for us that they are part of that great 
plan which is ever revealing fresh facts to its study by man- 
kind. In this, as in so many other branches of learning, we 
are like children gathering pebbles by the seashore; but we 
return from our search for knowledge ever more conscious of 
our ignorance and more and more realising how much there 
Is to learn in Nature's works and ways. 

Halldykes and the Herries Family. lib 

Halldykes and the Herries Family. 
By David C. Herries. 

On high ground a mile or so north-east of Lockerbie 
stands the plain little whitewashed house of Halldykes, 
flanked on either side by its stables and byre, with a weather- 
beaten avenue of beech trees stretching away in front. Now 
a mere farmhouse, it was once larger, with a wing on each 
side; on the sill of the window over the porch is cut R.H. 
MDCCXXII. M.J. — the date of its building and the initials of its 
then owners, Robert Herries and his wife, Mary Johnstone. 
A room to the right of the porch is handsomely panelled in 
oak, and over it is another, also oak panelled, the windows 
of which command a wide view southward, ranging from 
Birrenswark Hill on the left to Criffel on the right with 
Skiddaw in between in the far distance. Halldykes once 
formed part of a property called Little Hutton, the history of 
which from 1644 to 1803 it is proposed to relate here, with 
the help of an inventory of its title deeds made in 1751, the 
Edinburgh General and Dumfries Particular Registers of 
Sasines, and other evidence. ^ 

According to the inventory of 1751,^ the Steel family of 
Brierhill obtained in 1644 from James (Murray), 2nd Earl of 
Annandale, a charter (following upon a contract of wadset) 
of the 10 pound land of Little Hutton,^ " comprehending 
therein the 9 merk land of Halldykes and Hutton Hills and the 
6 merk land of Fulldoo-s," in the parish of Dryfesdale and 

1 All unpublished family papers quoted here — such as the in- 
ventory, a rent-roll, etc., etc. — are in the possession of Mr R. S. 
Herries of St. Julians, Kent, the present writer's brother. 

2 See, too, R.M.S., 1634-1651, No. 1564. 

3 Little Hutton belonged in 1632 to John, 7th Lord Herries, 
and probably was included in a Crown grant of the 20 pound land 
of Hutton in Annandale, on his resignation, to Sir Richard Murray 
in 1633. On Sir Richard's death Hutton passed to certain nieces 
of his, and on their resignation in 1643 to their cousin, James, 2nd 
Earl of Annandale, from whom 'ir Steels derived their right to 
Little Hutton in 1644. (Se^- H.M.S., 1620-1633, No. 2121; 
1634-1651, Nos. 441, 1450; Bumuh's Bctnitrs, Nos. 163, 164.) 

116 HAi.i.nvKKS AND THE Hkrriks Familv. 

Stewartry of Annandale. The Earl reserved a right of re- 
version on payment of 7500 merks, and about the same time 
granted to the Steels a discharge of a feu duty of ;:^io ids 
Scots. On 30th May, 1654, the Steels and a creditor of theirs, 
Ronald Brown, portioner of Leitfeild, made a disposition of 
the same property in favour of Mr Robert Herries, minister of 
Dryfesdale, and Janet Mackison, his spouse, in life rent, and 
of their son, Robert Herries, in fee, subject to the reversion 
and the " hazard " of the feu duty above mentioned. Sasine 
in their favour followed on 24th July, and was registered at 
Dumfries on 30th August, 1654. The minister^ and his wife 
disponed their rights in the property in favour of their son, 
Robert Herries, on 24th August, 1660. 

James, 2nd Earl of Annandale, died in 1658, when his 
earldom became extinct, while his viscounty of Stormont and 
his right of reversion over Little Hutton passed to David 
(Murray), 2nd Lord Balvaird, and on his death to his son, 
David, 5th Viscount Stormont, ^ with whom in order to termi- 

4 Robert Herries was minister of Dryfesdale from 1616 till his 
death, which took place at the age of 80 on 10th May, 1662, accord- 
ing to his tombstone, carved with two armorial shields, in Dryfes- 
dale Old Kirkyard. On 8th Januai-y, 1642, he was served heir- 
general to his father, William Herries, burgess of Edinburgh, who 
died in 1598, appointing in his will (confirmed at Edinburgh, 24th 
January, 1598/9) overseers for his son Robert and council givers 
for his wife, Katherine Bankes (for whom see B.P.C- vi., p. 521). 
Among his debtors were Robert Herries of Mabie and his son Richard 
and others of his own name. His son, the minister, married Janet 
Mackison at South Leith on 10th September, 1618 (Scott's Fasti, I., 
pt. ii., p. 647). A notarial instrument shows that on 4th Novem- 
ber, 1670, she personally at Halldykes put her son Robert into pos- 
session of her household goods there, as well as her corn and live 
stock. Besides Robert, she had an elder son, Mr William Herries 
of Harthat, or Hartwood, in Annandale, who died in 1658. One of 
his daughters, Katherine, married John Herries of Mabie, and her 
brother, Francis Herries of Hartwood, and his son AVilliam after 
him, became possessed of Mabie for a short time by purchase from 
John Herries' s creditors. (For pedigrees of the Herrieses of Hart- 
wood and Halldykes, see Miscellanea Genealogica et Heraldica, 4th 
Series, iv., pp. 272, 301, 378; v., 40, 118, 119.) 

5 This Lord Stormont's second son, James Murray, was created 
by the Pretender in 1721 Earl of Dunbar, Viscount Drumcairn, and 

Halldvkes and the Herries Familv. 117 

nate the reversion Robert Herries, son of the minister, entered 
into a contract of feu on i8th December, 1701. Stormont 
therein undertook to grant the Little Hutton property to 
Robert himself in life rent, and to his son, William Herries, 
and his heirs in fee, without any manner of reversion, redemp- 
tion, or regress, to be held by them of himself and his succes- 
sors by payment of a yearly feu duty of ;^40 Scots (;^3 6s 8d in 
English money), and by giving personal attendance on horse- 
back to himself and his successors within the country of 
Annandale when called, in suitable order and at their own 
expense. Further, the property was to be thirled to the mill 
of Tundergarth, or, in other words, all corn grown on it was 
to be ground at that mill. A charter of Stormont to the same 
effect bears the same date, by virtue of which Herries and 
his son had sasine of the property on 2nd January, which was 
registered at Edinburgh on 28th February, 1702. 

Probably the attendance on horseback was not meant to 
be called for, though in his younger days Robert Herries 
might have been a champion worth having, for he was ready 
to quarrel and handy with sword and pistol. He was im- 
prisoned for a few weeks in 1667 for using both weapons 
against James Murray, messenger, and his party, who were 
trying to execute letters of poinding against Adam Newall, 
" chamberlain to the Earl of Southesque ;"^ and Newall in his 
turn entered into a bond of caution at Halldykes, the 2nd July, 
1674, that " Robert Herries of Halldyckis " would not trouble 

Lord Iladykes (Ruvigny's Jacobite Peerage, p. 44, where a note ex- 
plains that Hadykes is Halldykes, "pronounced Ha'dykes," near 
Lockerbie). Stormont's fourth son was the famous Earl of Mans- 

6 Scottish Hist. Soc, xlviii., pp. 223, 224, 230. Adam Newall, 
who lived at Hoddom Castle, then belonging to Lord Southesk, died 
in 1683. His testament, confirmed at Dumfries, 12th March, 1684, 
shows that his widow, Sarah Herries, was daughter of " Janet 
Makesoune" (see Footnote 4), and sister -german ^f this Robert 
Herries. Both she and her brother, Robert Herries, were accused 
before the Privy Council by Lord Southesk in December, 1683, of 
concealing papers that had been in Newall's hands as " factor and 
chamberlane" to the Southesk estates. (See Tt.P.C-, 3rd Series, 
viii., pp. 301-2.) 

118 Halldvkes and the Herries Family. 

or injure Andrew Murray of Brockelrig, or his family, tenants, 
or servants. Robert Herries had also in 1674 a quarrel on 
hand with James Carlyle of Boytath.^ He married Jane, 
daughter of William Irving of Cove (son of Jeffrey Irving of 
Robgill and grandson of Edward Irving of Bonshaw), the 
marriage contract being dated at Cove the 13th December, 

William Herries, the son infefted with him in the property 
in 1702, died before the ^th August, 1703, when his brother 
Robert was served his heir. This Robert had sasine of the 
property, the 12th July (registered at Edinburgh the 9th 
August), 1704, by virtue of a precept of Clare Constat by Lord 
Stormont in his favour as brother-german and heir of William, 
eldest son of the late Robert Herries of Halldykes, dated the 
loth May, 1704. His initials, with those of his wife, appear 
on the present house at Halldykes, as has been related already. 
His grandson, Robert, the last Herries owner of Halldykes, 
in some MS. notes about his family describes him, on the 
authority of his own father, as a " dapper little man, a perfect 
gentleman, who never stirred without bearing his sword by 
his side. ' ' He continues : — ' ' How he contrived to bring up his 
large family seems quite wonderful, ... all his daugh- 
ters appear to have had a tolerable education, and the hand- 
writing of all his sons was remarkably good, as various papers 
in my possession show." These notes say that he was living 
in 1724, when he " charged his estate as provision for each of 
his younger sons." He died before 21st June, 1728, when 
Lord Stormont issued a precept of Clare Constat for infefting 
William Herries in the Little Hutton estate, as eldest son and 
heir of Robert Herries of Halldykes. The consequent sasine 
did not take place till the 23rd October, 1735, and it was 
registered at Dumfries on the following 15th December. 

William Herries is said to have ruined himself by extra- 
vagant devotion to sport. At anyrate, according to the in- 
ventory, he made a disposition of the Little Hutton property 

7 B.P.C., 3rd Series, iv., pp. 607, 612, 666. 

8 Colonel J. B. Irving' s BonJc of the Irvings, p. 50. 

Halldykes and the Herries Family. 1 1'J 

in favour of John Goldie of Craigmuie^ and others as trustees 
for his creditors, which was dated the 2nd January and regis- 
tered in the Sheriff Court Books of Dumfries, the 26th Sep- 
tember, 1 75 1. The property was put up to auction at Dumfries 
the 22nd October, 175 1, and it was on this occasion that the 
inventory of its title deeds, so often referred to, was made and 
signed by Mr Goldie for the use of the purchaser. 

This purchaser, as a " docquete " at the end of the inven- 
tory shows, was Robert Herries, the next younger brother of 
William Herries, 1° the seller. He was born about 1710, and 
began life as a merchant at Dumfries, being admitted a bur- 
gess there the ist February, 1731. In 1738 he was on the 
Jury (see Crockett's Scott Originals, p. 410) at the trial at 

9 Some time Commissary of Dumfries (see " Goldie-Scot," 
Burke's Landed Gentry, 1914). 

10 William Herries died at Rosebank, a house on the Halldykes 
property, on 24th September, 1777, and was buried in the Old Kirk- 
yard of Dryfesdale with his first wife, Katherine, daughter of John 
Henderson of Broadholm, in Annandale (for her family see 
Miscellanea Genealogica, et Heraldica, 5th Series, i., p. 173). Their 
eldest son. Sir Robert Herries, a London banker, knighted in 1774, 
was M.P. for the Dumfries Burghs from 1780 to 1784, and died in 
1815. His second wife, a daughter of the Rev. F. H. Foote, of 
Charlton Place, near Canterbury, by a sister of Sir Horace Mann, 
the friend of Horace Walpole, was well known as a " blue-stocking " 
hostess in London. Sir Robert's next younger brother, Charles 
Herries, was known to contemporary Londoners as Colonel of the 
Light Horse Volunteers of London and Westminster, which num- 
bered among its privates a Prime Minister (Spencer Perceval) and 
other statesmen and distinguished persons. On his death in 1819 
the regiment gave Colonel Herries a military funeral in Westminster 
Abbey, and placed a monument to his memory there. His eldest 
son, the Right Hon. John Charles Herries, the Tory statesman, died 
in 1855, and his eldest son. Sir Charles Herries, Chairman of the 
Inland Revenue Board, in 1883. The Right Hon. J. C. Herries had 
a brother, General Sir William Herries, who died in 1857, and the 
present lineal male heir of William Herries and his wife, Katherine 
Henderson, is Sir William's grandson, William Herbert Herries, 
eldest son of Herbert Crompton Herries, and brother of the present 
writer. He has sat in the New Zealand House of Representatives 
since 1896, and was Minister for Railways and Native Affairs in 
the Cabinet formed by the Right Hon. F. W. Massey in 1912, which 
offices he continues to hold in the Coalition Cabinet formed by the 
same Prime Minister for war purposes in 1915. 

120 Halldvkes and the Herries Family, 

Dumfries for infanticide of Isobel Walker, upon whose case, 
and the devotion of her sister Helen, Scott founded his 
Heart of Midlothian. According- to the Autobiography of 
Dr Alexander Carlyle, minister of Inveresk, he did not pros- 
per at Dumfries, and eventually settled at Rotterdam. 
Here he succeeded well enough to be able to retire from busi- 
ness early in life and buy Halldykes.^i Some accounts of his 
have been preserved, which show that he farmed part of the 
land himself, for an entry of 31st December, 1770, states that 
;^34 5s had been received for " potatoes and milk sold this 
year, besides maintaining the family and 10 servants." In 1757 
he built new stables, and in 1764 a chaise and harness cost 
£42, and two bay horses £2^ iis. Probably he found coun- 
try life less to his liking than he had expected, for at the end 
of 1 77 1 he departed for London with his family to begin a 
second business career as " acting- partner " in a bank that 
his nephew, Sir Robert Herries (see Footnote 10), had just 
started in St. James's Street. For this post he was " ex- 
tremely well qualified," according to Sir William Forbes of 
Pitsligo, another partner in that concern. ^^ He died in 
London at his house in King- Street, near the Bank, the 3rd 
October, 1791, in his 82nd year. 13 He had married in 1747 

11 Sir William Forbes's Memoirs of a Banking House, p. 17, 
where the seller of Halldykes is wrongly called John, instead of 
William Herries. 

12 Ibid., p. 30. 

13 Gentlemen's Magazine, 1791, July-December, p. 972. In 
1747 this Robert Herries matriculated his arms (the old Herries 
three sable herissons on a silver field, with a crescent in the centre 
for his difference) and crest, and is described in the Lyon Register 
as " second son of the deceast Robert Herries of Haldykes, who was 
son to Robert Herries of Haldykes, who was son to Mr Robert 
Herries, minister of the Gospel at Drysdale, and younger son of the 
last Lord Herries." To this a note was added in 1824 pointing out 
that the minister was really son of William Herries, of Edinburgh 
(see Footnote 4). In 1789 Robert's nephew, William Herries, of 
Brussels, matriculated his arms with due difference, and is described 
in the same register as " brother of Sir Robert Herries (see Footnote 
10) . . . and third son of William Herries of Halldykes by his 
lady Katherine, eldest daughter of John Henderson of Broadholme. 
. . . which last William was parternally descended from the 
ancient and respectable family of the Lords Herries," etc. 

Halldykes and the Herries Family. 121 

Isabella, daughter of Sir Thomas Kirkpatrick of Closeburn, 
(3rd) Bart. She died the 17th October, 1777, at the age of 47, 

He was succeeded in the possession of Halldykes by his 
son Robert, who, though born there the 31st October, 1767,'^* 
never lived at the place in later life. He was for some time 
the head of the bank in St. James's Street, but retired from 
business in 1815. He died at his house of Glenlyn, at Lyn- 
mouth, North Devon, the 27th October, 1845. ^^ never 
married, and by selling the Halldykes property in portions 
from 1 80 1 to 1803 had ended the family connection with that 
place, though not with Dumfriesshire, for his cousin. Sir 
Robert Herries (see Footnote 10), had inherited in 1800 a 
place called Greskin, in the parish of Moffat, from a distant 
kinsman, Michael Herries of Spottes. On Sir Robert's death 
Greskin passed to his nephew, the Right Hon. J. C. Herries, 
who sold it about 1850. 

A " rentall " of the Halldykes estate, signed like the in- 
ventory above mentioned by Mr Goldie, gives the names of 
the farms and their tenants in 1751 as follows : — The Mains 
of Halldykes, Christopher Armstrong ; the Byresteads, James 
Henderson ; the Buss, William Muir ; the Fulldoors and Rough 
Park, John Johnston ; the Miln Mailing, Thomas Mundal ; 
Catchhall and Parkhouse, John Mundal ; Sloda Hill, Andrew 
and Hendlay Chalmers ; and the Upper Mains, John Johnston 
and Thomas Mathison. The total yearly rental was ;^ri20 
los 8d, paid mostly in cash but partly in " kain " fowls and 
work done for the landlord. The rent of the Byresteads, for 
instance, was ;^ii and the teind ;^i, and to this sum of p^iz 
was added igs 2d, the value of eight kain fowls, priced at 4d 
each, and of so many days of carting of peat and turf and 
leading of corn and hay and so on. On some of the farms 
this *' work money " had been commuted for cash payments, 
but kain fowls were due from all. These figures suggest that 

W His father's accounts show that on 1st November, 1767, he 
paid 2s for an " Express to Closeburn to announce the birth of my 
son," and £2 2s to the midwife. In October, 1770, he paid £2 2s 
to " Dr Clapperton for inoculating my son," and £3 3s "and a 
watch " to " Mr Yorstoun, surgeon, for attending him." 

122 Halldvkes and the Herries Family. 

tradition may have done injustice to William Herries, the 
seller of the place in 175 1. In these days no great extrava- 
gance would be required to come to grief on a rent-roll of 
jQi20, burdened with charges for the support of younger 
brothers. I\Ir H. G. Graham, however, in his Social Life in 
Scntland, says that in the first half of the i8th century a laird 
was considered well off with a rent-roll of p^Tioo or even ;^8o- 
a year. 

The accounts of Robert Herries show that he gave ;;^27oo 
for the property in 175 1. In the next fifty years this price 
was more than trebled, and the rental more than doubled. A 
memorandum by the Robert Herries who sold the place in the 
early 19th century gives the prices he obtained and the rent- 
roll at that time as follows : — 

Purchasers. Prices. 

Nov., 1801, William Stewart .... £1550 
July, 1802, David Johnstone .. 1100 
March, 1802, Thomas Henderson 2200 

April, 1803, Thomas Beattie .. 4300 




Sloda Hill . 

. 357 2 32 


Byresteads . 

. 93 1 3 


Rosebank . 

. 128 3 1 

52 lOs 


. 147 2 32 


Catchhall . 

. 57 2 14 


785 acres. 

£264 10s 


The number of farms was less than in 1751, so possibly 
some had been thrown together. Advertisements of sale show 
that the 785 acres were Scots acres, equivalent to about 1000 
English acres. The tenants in 1801, in addition to rent, paid 
" Land Tax, Bridge, Rogue [a police rate] and Road Money, 
and School Salary." Both in 1751 and 1801 the landlord had 
to pay out of his rent the feu duty of ;^3 6s 8d to the Superior 
of the lands and ;^7 towards the minister's stipend. Of this 
last sum ^,6 19s 5d was paid in cash and the rest in kind, 
" 4 bolls, I firlot, 3 pecks, and 3I lippies Half Meal." 

Half Bear 

Old houses are apt to gather legends about them. One 
such concerning Halldykes, so far as the present writer is 
aware, appears for the first time in print as a " Border 
Rhyme " in Tait's Edinburgh Magazine, for July, 1845. The 
story is that at a convivial meeting of local gentry at Lockerbie 
Herbert Herries of Halldykes grossly insulted and struck his 
brother Hugh, after a quarrel as to which was the favoured 
of a certain lady. Herbert on his way home to Halldykes 

Halldvkes and the Herries Family. 123 

was waylaid and murdered at Hurkell-burn by Hug^h, who, 
after announcing to another brother, Charles Herries, that he 
had just made him a laird, disappeared for ever from Annan- 
dale. The ghost of Herbert is still supposed to haunt the place 
of his murder. So much for rhyme, but the prosaic Sasine 
Registers know of no Herbert or Charles Herries as owners 
of Halldykes, and only record one succession (except by pur- 
chase in 1 751) of brother to brother, when Robert was infefted 
in the lands in succession to William Herries in 1704. As has 
been stated already, Robert Herries, the last of the name to 
own the place, wrote down a few notes about the family con- 
nection with Halldykes, and these are silent about this 
tragedy. Though he never lived at Halldykes after his child- 
hood, yet he says that he had heard his father speak of his 
father and his manner of life there, and in later life he was 
often in the neighbourhood on visits to his mother's relation, 
General Kirkpatrick Sharpe of Hoddom Castle. It seems, 
therefore, incredible that he should not have heard the story 
if it was current in his time, and still more incredible that if 
he knew of it he should not think it worth mentioning. Pro- 
bably the tale was the invention of the anonymous rhymster 
of the Edinbtirgh Magazine. 

A more pleasing legend relates that in 1745 a company 
of the Highland followers of Prince Charles Edward on their 
march southward by Lockerbie visited Halldykes, but only 
found there the lady of the house, Katherine Henderson, the 
wife of William Herries, who is said to have been on the 
Hanoverian side. She, by her agreeable manners, so won their 
goodwill that in compliment to her they forebore from all acts 
of rapine or violence, only exacting in return a promise that 
the child she was expecting should, if a boy, be named Charles 
in honour of their Prince. About this story, too, the notes of 
Robert Herries are silent, and it can only be said that Mrs 
Herries's second son, born about this time, certainly was called 
Charles (see Footnote 10). 

124 PRrMiTivE Marriage. 

Primitive Marriage. 

By the Rev. S. Dunlop. 

[This valuable anthropological lecture dealt fully with 
the classification into which scientists divide the early forms 
of marriage. The data on which the lecture w^as based were 
almost all drawn from savage life, the lecturer following in 
the main the conclusions of Tylor and other authorities. 
The Editors regret that, owing to the limitations of space, 
a full resume of the lecture cannot be given.] 

8th March, 1917. 

Chairman — William Dickie, V.P. 

Crae Lane and its Vegetation. 

By Miss I. Wilson, M.A. 

The view towards Crae Lane from New-Galloway Station 
is across a stretch of uneven rocky moorland. In a V-shaped 
depression it lies with Duchrae Bank on its right, sloping to 
meet Banks o' Dee Hill. Centrally, at the mouth of the 
valley lies a wooded knoll, Holland Isle, beyond which, rising 
from Woodhall Loch, Crae Hill is seen, higher still Tormollan 
Hill. Circling Tormollan Hill and emerging from Lochen- 
breck is the Kenick Burn, which enters Woodhall Loch from 
the south. Crae Lane, known also as Woodhall Lane and 
Gfenoch Lane, emerges from Woodhall Loch and flows in a 
northern direction through a valley, where every winding 
reveals an added beauty, every gap is filled by some satisfying 
view of distant hill or nearer wooded knoll. In length, as 
the crow flies, Crae Lane is hardly a mile, its heigiit above 
sea level being 200 feet. 

It will already be understood that *' lane " here refers 
to a waterway. In Galloway it is the name frequently applied 
to a slow, winding waterway passing through bog or marsh 


land, the most famous being the Cooran Lane of the Raiders, 
a waterway entering the Dee near Loch Dee. 

In times of flood the Dee, which normally keeps 
straightly oil its way across the mouth of the valley, sends a 
strong current round Holland Isle joining Crae Lane slant- 
wise, and, both by its somewhat contrary tendency up the 
valley, and also by stemming back the not inconsiderable 
volume coming down, causes high floods, when the valley is 
in great part submerged. 

We may divide the lane into three botanical regions — 
the still watercourse, the alluvial water-meadows, and the 
tree-covered slopes with coarser soil and whinstone rock. 
Common reeds and purple loosestrife characterise the water- 
course, bent grass the meadows, and coppices of birch, alder, 
oak, spruce, and pine the slopes. 

At the head of the valley is Duchrae Farm, the birth- 
place of S. R. Crockett. Around this spot he loved to weave 
his fancies ; its floral riches are constantly referred to, justi- 
fying a more detailed account. On Duchrae Bank the 
Levellers, revolutionists against land-enclosure, are said to 
have made their last armed resistance to authority ; while, 
crossing from Crae to Lochenbreck, Robert Burns was in- 
spired to composed " Scots Wha Ha'e. " 

The plants, a list of which is now given, have been 
brought to school by the children and others, in their vary- 
ing seasons. Further observation of this mile will add 
greatly to the list, which is meanwhile very incomplete, but 
sufficient to indicate wealth of flowering plants. 

Firstly, growing in the watercourse may be found 
ranunculus flammula, r. aquatilis, nuphar luteum, nymphaea 
alba; potentilla comarum ; lythrum salicaria; cenanthe 
crocata; iris pseudacorus ; potaviogeton natans ; lemna 
minor; lobelia dortmanna; menyanthes trifoliata; arundo 

Secondly, in the water-meadows may be found ranun- 
culus acris, r. ficaria, thalictrum tninus, caltha palustris, 
trollius europaeus ; cardamine amara, c, pratensis, c. hirsuta; 
viola palustris, v. canina, v. tricolor; poly gala vulgaris; 
lychnis flos cuculi; potentilla tormentilla ; parnassia palustris; 

126 Crae Lane and its Vegetation. 

drosera rotu7idifolia; hydrocotyle vulgare ; carum verticil- 
latum; jasione montana ; carduus palustris ; achillea ptarniica, 
a. millefolium; gnaphalium uliginosum; senecio aquatica; 
myosotis palustris; pedicularis palustris; meyitha aquatica; 
pinguicula vulgaris; myrica gale; orchis mascula, o. macu- 
lata, o. latifolia; narthecium ossifragum; juncus communis; 
luzula campestris ; eriophorum vaginatum ; carex pulicaris, 
c. caespitosa, c. praecox ; c. grostis alba. 

Thirdly, in the woods and by the wayside are found 
draba verna, capsella bursa pastoris, lepidium smithii; 
helianthemum vulgare; lychnis diurna; cerastium; stellar ia 
holostea, s. graminea; sagina procumbens ; hypericum per- 
foratum, h. pulchrum, h. quadrangulum ; alchemilla arven- 
sis, a. vulgaris; geranium robertianum ; oxalis acetosella ; 
ilex aquifolium ; trifolium pratense, t. repens ; lotus cornicu- 
latus ; lathyrus pratensis ; prunus spinosa; fragara vesca ; 
rosa canina; epilobium parviflorum ; sa^iicula europea; meum ; 
viburnum opulus ; lonicera periclymenum; galium saxatile, 
g, verum, g. aparine ; asperula odorata; Valeriana officinale,'^ 
arctium lappa; centaurea nigra; heraclium spondylium ; 
carduus arvensis ; senecio jacobea; lapsana communis ; 
hypochaeris radicata; hieracium murorum ; campanula rotun- 
difolia; erica tetralix ; calluna vulgaris; myosotis arvensis; 
m. versicolor; scrophularia nodosa; veronica officinalis, v. 
chamaedrys ; euphrasia officinalis; rhinanthus crista galli; 
melampyrum pratense; prunella vulgaris; teucrium scoro- 
donium ; ajuga; lysimachia nemorum ; primula vulgaris; 
persicaria avicidare ; rumex acetosa, r. acquaticus ; rumex 
obtusif alius ; mercurialis perennis; salix caprea, s. viminalis ; 
allium ursinum; luzula sylvatica ; scilla nutans; anthoxantum 
odoratum ; dactylis glomerata. 

Authorities : A List of Flowering Plants of Dumfriesshire 
and Galloway, James M'Andrew ; British Flora, Bentham and 

Etymology OF Lane. 127 

The Etymology of Lane. 

By the Editors. 

The term lane, signifying a narrow deep rivulet or 
watercourse, appears to be confined ahnost entirely to 
Galloway, where it is of frequent occurrence. Jamieson in 
his Dictionary mentions that it is also to be found in Lanark- 
shire. In the district between Loch Dee and Loch Doon 
the term abounds — the Gala Lane, Cooran Lane, Carrick 
Lane, Eglin Lane, Carsphairn Lane, Tunskeen Lane, Balloch 
Lane — and others might be multiplied. In the parish of 
Mochrum is the village now called Elrig, but before it was 
endowed with a telegraph station it was always called the 
Lane of Mochrum, from a lane or narrow brook which, run- 
ning out of Elrig Loch, runs along behind the houses. 

The etymology of the term is obscure. The English 
lane, a narrow way, is the Anglo-Saxon lane or lone, the 
latter form being preserved in the Lowland Scots, loan and 
loaning'. Skeat, who remains the dominant authority on 
English etymology, pronounced lane to be of unknown 
origin, perhaps allied to the Icelandic Ion, an inlet, a sea 
loch, laena; a hollow place, a vale. In this he is supported 
by Jamieson, who does not, however, say from what Icelandic 
word it is derived. His dictionary, invaluable as a record 
of phrase, is untrustworthy in etymology, for he did not 
always distinguish between words derived from each other 
and those of common descent. 

If the term be of Icelandic or Norse origin (and Mr W. 
G. Collingwood points out that there is an Icelandic word, 
leyningr, a hollow way), it is strange that it should for the 
most part occur in remote and inland parts where Norse 
influence was least likely to be felt or leave any permanent 
impression. In Cumberland, where Norse influence was un- 
doubted, there is no such word as lar^e. A narrow road is a 
loivning, or in the southern part of the district a loan. 

J. D. Johnston, in his Place Names of Scotland, p. 165, 
mentions a Gaelic word, lehn, a swamp; and Mr Collingwood 
suggests that lane as a sluggish stream, if one can risk a 

128 Etymology of Lane. 

l,'-uess without knowing the history of the word, looks rather 
like the same thing. Mr Bradley, in the New English Dic- 
tionary, s.v. Lane, gives at the end of the article, " 5. Sc. A 
sluggish stream of water; also the smooth part of a stream 
(perhaps a different word) — 1825-80, in Jamieson. 1891 — 
Daily News, 2nd July — " . . . here a loch and there a 
lane or sullen deep stream." 1897 — Crockett, Lad's Love, 
XXV., 253 — " . . . sluggish, peaty lane." 

The N.E.D. derives lane, a narrow way, from the Old 
English lane, and Sir Herbert Maxwell is of opinion that the 
word, both in English and Lowland Scots usage, indicates 
a narrow passage, whether for persons and cattle (in English) 
or for water (in Scots). 

However obscure its etymology, the word in Scots sig- 
nifies a narrow sluggish burn, flowing as outlet or passage 
from a loch. 

The Lower Nith in its Relation to Flooding and 

By Robert Wallace. 

The rivers flowing into the Western Seas of Britain are 
shorter than those travelling eastward, yet their proximity to 
Atlantic trade routes may give them a greater commercial 
value, notwithstanding their smaller volume. 

Of these western rivers the Clyde is the largest in Scot- 
land, and the Nith second. If the English coast be included, 
only the Mersey and the Severn are of greater volume. 

While the Nith is only fourth in size, yet it is of greater 
age than the Clyde or the Mersey, and probably also of the 
Severn. Of the oldest rivers born during the Eocene uplift, 
the Nith is certainly the largest. 

A stream that has been flowing uninterruptedly for a 
prolonged period of time may be expected to have swept its 
-channel clear of all obstructions, making the shape and size 
of the valley to be in proportion to the volume of the stream. 
This would remove a prolific cause of flooding, and give a 
free passage for navigation through the estuary. The Nith 

The Lower Nith. 129 

has both the agfe and the volume necessary to produce a large 
and deep valley, but unfortunately it is harassed with burdens 
unexplained and mysterious. Its floods are famous, and its 
record in this respect is as bad as the long-, tortuous streams 
crawling towards the east coast. In navigation there is no 
comparison between it and the larger rivers, Clyde or Mersey, 
while much smaller streams, like the Annan and the Urr, 
outrival it. Navigation is now only practicable to Kingholm 
Quay, six miles upstream ; and a hurried discharge is impera- 
tive in order to escape a fortnight's delay for full tides. Boats 
entering the county town are only a memory of the last 

Dumfries Basin. 

This ancient basin of New Red Sandstones stretches from 
the Solway north to Auldgirth. It is of horse-shoe shape, 
with steep valley walls on the western side. It embraces the 
whole central valley of Lower Nithsdale and the desolate 
valley of Lochar Moss on the east, and that of the Crook's 
Pow on the west. The Red Sandstones of this basin are 
intercalated with bands of hard breccia. Gradually the softer 
sandstones have been removed, leaving the breccia to weather 
out in the form of prominent ridges, such as the Craigs, 
Chapelhill, Carruchan, and Goldielea. The intervening 
hollows are now occupied by the Nith, the Crook's Pow, and 
the Cargen Pow. The central stream traverses at least three 
distinct types of valley formation in its course from Auldgirth 
through the burghs to the Solway. 

1. As it traverses the parishes of Kirkmahoe and Holy- 
wood it meanders gently through a wide fertile plain of low 

2. At the Castledykes bend, south of Dumfries, both 
valley and central flood plain are absent. The river is here 
entrenched — presenting an entirely new aspect. 

3. At Glencaple the valley is V-shaped, with steep sides 
and a flat floor. 

Nith of Three Different Ages. 

If we assume that the deep gorge at Blackwood is a true 

130 The Lower Nith. 

index of the tremendous erosive power of the river in cutting 
this narrow passage through the hard greywacke rock, then 
we must admit that the width and depth of the valley will be 
graded according to the size of the stream and the length of 
time it has been at work. The hills of Pennyland are over 
looo feet above sea level, while the river bed is loo feet ; this 
gives a gap 900 feet deep. Assuming that the ancient river 
has been no larger than the present one, such a vast amount 
of rock cutting would require an enormous period of time. 
When the river encountered the soft sandstones of the New 
Red Basin its valley walls were corroded to a greater degree 
than the harder rock upstream. Hence at Duncow to Cow- 
hill the valley is two or three miles wide, with a flat bottom 
and flaring sides. The shape is different from that of the 
Blackwood gap, but the amount of work done bears the same 
proportion in both cases to the length of time at work. A 
cross section at both points gives profiles of a valley of a 
mature age. Down stream the Nith is augmented by the 
Cluden and other tributaries ; yet at Castledykes it can only 
show an excavation of the breccia band to the extent of 15 
feet. Evidently the river has not had the necessary time to 
grade its channel ; it is a creature of yesterday. The work 
of gradation is just in its infancy. 

The third type is best seen a little south of Glencaple. 
The hills behind Kenneth Bank are nearly 300 feet high. 
This gives a gap of about one-third of the Blackwood gorge 
of 900 feet produced by a stream greatly enlarged by tribu- 
taries. The Glencaple gap is evidently deeper than it seems. 
The valley walls on both sides of the river are steep, and the 
flood plain of mud which lies in the centre is nearly a mile 
wide. If the same angle of slope of the valley sides be ex- 
tended downward below the flood plain until they meet in the 
centre, another 150 feet of valley presently beneath sea level 
would give a total valley excavation of 450 feet. It is evident 
that the Glencaple gap, although of great age, is very much 
younger than the matured Duncow to Cowhill trough. It is 
no true index of the age of the Nith, but it suggests a younger 
life having been engrafted into older surrounding. The 
valley is a misfit. 

The Lower Nith. 131 

Problem of the Lochar Moss. 
This valley begins north of Locharbriggs, and widens 
rapidly as it nears the sea. The Lochar rivulet meanders 
about in an aimless fashion through a vast wilderness of 
peat. The valley walls at Bankend are from three to four 
miles apart, and represent an immense valley excavation out 
of all proportion to the tiny stream passing through. 
Clearly this is an exaggerated misfit. 

Rivers Lost or Captured. 

The whole story of river development in Nithsdale and 
Galloway is extremely important. The path of the Nith in 
its earliest stages is clearly chiselled on the hills of to-day. 
Some tributaries have been beheaded, others captured, not 
many miles from the burgh two rivers are entirely lost. We 
are concerned, however, in this short paper with obstacles 
to stream development that are of recent date. The most 
practical way to arrive at a definite decision is to find out (i) 
what were the geographical conditions of this basin previous 
to the interruption by glaciers during the Ice Age ; (2) what 
has happened to this area since the dispersal of the glaciers. 

Oscillations of Sea Level. 

All authorities are agreed that during the last two or 
three ages there have been several elevations and depressions 
of the land throughout Southern and Western Scotland. J. 
W. Gregory is of opinion that an elevation of land took 
place in Pliocene times of 800 to 1000 feet. 

This uplift would connect the Outer and Inner Hebrides 
with the mainland of Scotland. Ireland would be joined to 
England and Wales, and the tract now covered by the Irish 
Channel would be a long, broad valley or trough. Probably 
the Nith and other Galloway streams discharged into the 
Solway river, which flowed along the plain of the Irish 
Channel and entered the sea at the south of Ireland. One 
thing at least is certain, that rivers would cut deeply into 
the elevated land, and still be considerably above the sea 
level of that age. 
i, Borings in the Clyde district prove the existence of a 

132 The Lower Nitm. 

buried river valley 300 feet belovi' sea level. Another bore 
near Barrow-in-Furness gives a depth of 450 feet before the 
bed of the old valley is touched. The pre-glacial valley of 
the Mersey is 160 feet deep. At Bo'ness, on the river Forth, 
the ancient river channel is now 570 feet below present sea 
level. After the Pliocene uplift a gradual subsidence of land 
took place. It was continued into glacial times, and in this 
district reached its maximum when the shore line stood 100 
feet higher than the present sea level. Along the rocky 
headlands of Galloway the waves cut out a rock platform 
at an elevation of 100 feet, while in the estuaries a beach was 
deposited at the same elevation. About this time the glacia- 
tion of Southern Scotland was at its greatest. Galloway ice 
was travelling eastward over the Nithsdale valley. As the 
ice-fields decreased in size an elevation of land took place, 
and the shore line receded until it reached the 50 feet contour 
line. There was sufficient pause at this height to form 
another estuarine beach. During the formation of this 50 
feet beach the glaciers were greatly reduced in size. They 
were confined to valleys, and their moraine deposits on the 
outlying plains tend in the same direction as that of the 
valley from which they emerge. Since that time the eleva- 
tion of the land has been continuous, with the exception of 
a slight pause producing another marine terrace at 25 feet. 

Pre-Glacial Nith. 

The uplift in the Pliocene Age would enable the rivers 
to cut very deeply into the land. The 900 feet gap at Black- 
wood would give some idea of the size of the valley further 
down stream. The soft sandstones of Lower Nithsdale 
would be more easily eroded, and the result would probably 
be a wide trough, but the amount of erosion would be 
greater in Caerlaverock than at Blackwood. The pre-glacial 
Nith valley must have been both large and deep. Bores 
near the mouth of the Lochar give a depth of 200 feet before 
rock is touched. The valley walls are at least three miles 
apart; they dip below the old beach of the Lochar at Bank- 
end at a sharp gradient, and point conclusively to a buried 
valley of large dimensions. No. i bore at the Arrol-Johnston 

The Lower Nith. 1;^3 

Works, Heathhall, gives a buried channel 105 feet deep; No. 
2 bore, 100 feet. The works are built upon the 50 feet 
beach, and probably cover the bed of the Pliocene Nith, 
which was at least 55 feet below present sea level. 

Raised Beaches of Kirkmahoe. 

The depression of land in early glacial times to the 
100 feet level would bring the sea up to Dalswinton, and 
cause the formation there of an estuarine terrace, which was 
immediately covered with glacial moraines as the sea re- 
treated. During the formation of the 50 feet beach all pre- 
glacial channels were silted up near the shore line. This 
beach extends from Sandbed and Carzield past Kirkton and 
Carnsalloch to Heathhall. Not only was the old channel 
through Kirkmahoe deeply buried, but the Nith glaciers 
deposited large moraines at Carzield and Carnsalloch, and 
effectually barred the passage of the river. 

The New Nith. 

The river had now to find for itself a new path to the 
sea, and its course was governed wholly by the movement 
of the glaciers or the arrangement of their deposits. The 
line of least resistance pointed south, but the glaciers of the 
Cluden valley coalesced at an angle with those of the Black- 
wood valley. The junction took place at Dalscone, and 
between the two sets of ridges the waters of the impounded 
Nith got through with difficulty. South of the burghs the 
Galloway ice travelling over the Maxwelltown plain deposited 
long drums of moraine debris from Corbelly to Castledykes. 
Again the river squeezed through the breach in the barrier 
and escaped. 

Carnsalloch Floods. 

The Dalscone barrier is a glacial drum of sand and 
gravel. Since the river began its new course it has trun- 
cated the ridge on the Holy wood side, and cut down 15 to 
20 feet. While it was lowering its channel at Dalscone, it 
was compelled up stream to work in a lateral direction, 
hence the very large holms of Carnsalloch and Duncow. 

134 The Lower Nith. 

They are the results of tremendous floods due to the ob- 
struction of the barrier. Across these plains the river has 
worked incessantly for thousands of years endeavouring to 
right the wrong of a former age. 

Flooding of Dumfries. 

Although the Nith has been augmented by the Cluden 
Water, it has not accomplished so much vertical cutting at 
Castledykes as at Dalscoue. Three new features meet us : — 
(i) A broad band of very hard rock crossing the channel; 
(2) a sharp elbow turn giving the rock a greater power of 
resistance; (3) the presence of tides. 

The band of breccia is probably a spur descending from 
the Craigs. It is continued along the western side of the 
river to the Caul, and protects the Troqueer bank from 
erosion. This has caused the Nith to impinge upon the 
Dumfries bank, cutting downwards 30 feet, and forming the 
flood plains of Dock Park, Whitesands, and Greensands. 
This sad spectacle of destruction has continued since the days 
of Neolithic man, and will continue until we wake up to the 
necessity of assisting the river to adapt the size of its channel 
to the great volume of flood water stored up in the winter's 
snow throughout the Southern Uplands. 

Glencaple River. 

South of the Castledykes the Nith enters into an old 
valley extending to the Solway. The tributary valley of 
Crook's Pow enters the trunk valley near Kelton, and widens 
it considerably in that neighbourhood. The Glencaple valley 
assumes its true proportion just below the village. Its valley 
walls at Kenneth Bank and Kirkconnel are very steep, and 
if extended downward below the present merse they would 
produce a V-shaped valley extending more than 100 feet 
beneath sea level. Undoubtedly the Glencaple river was of 
considerable age when the Pliocene uplift took place. This 
elevation gave it new life and power to lower its bed in agree- 
ment with the original Nkh in the Lochar valley. During 
the TOO feet and 50 feet submergence the river was drowned. 
At the pause of the 25 feet beach the silting process began. 

The Lower Nith. 135 

The first or oldest portion remaining- is that of Kirkconnel 

Excavating the Buried Valley. 

Ever since the new Nith entered this old small valley with 
its buried bottom it has been seeking- to adjust itself to its 
environment. From King-holm onwards the valley is large 
enough to accommodate its captured river, but its silted floor 
is a serious obstacle to navigation. The entry of the Cargen 
Pow, Crook's Pow, and other streams on the western side of 
the valley has destroyed the balance of power and driven the 
river Nith towards the eastern bank. In the work of down- 
ward erosion it has encountered the hard spurs of the Nether- 
wood and Chapelhill ridge. In several places the river is 
resting upon a shelf in the eastern valley wall, particularly so 
at Kingholm Quay, where a continued elevation of land may 
in a few years hang up the dock beyond the reach of tides. 
Naturally the situation is at its worst at Kelton Ford, where 
the valley is at its widest. A comparison of the wide channel 
at Kelton and the narrower one at Glencaple is very sugges- 
tive. Not only must the channel be narrowed and so assisted 
to scour its own passage, but the entry of the tributaries must 
be regulated. They meander over a long flood plain of low 
g-radient. They carry in suspension a very large amount of 
peaty material. When entering the broad river, calmed 
down by the rising tide, the tributaries are unable to continue 
their load, and a deposit in the stream takes place. 

A Rejuvenated Nith. 

The capture of the Nith by the Glencaple river gives us 
the great practical advantage of a master stream in a valley 
of young and robust age. 

The legacy bequeathed us by the glaciers of the Ice Age 
is that of an elevated river to Dumfries, which implies a 
swifter passage from the burgh to the Solway. These are 
the great assets upon the right use of which depends our suc- 
cess or failure in the treatment of the noble stream. The 
present obstacles to its free, uninterrupted passage are of an 
accidental and temporary nature, and it rests upon the genius 

13t> The Lower Nith. 

of man to assist the river to aggrade her channel without 

The ultimate cure is a simple problem of engineering 
skill, based upon a true conception of the progress of river 
development and a right interpretation of the history of the 

The Early History of the Parish of Keir. 

By Sir P. Hamilton-Grierson. 

This valuable paper has had to be omitted owing to lack 
of space. It is hoped that it will appear as a chapter in the 
History of the Grierson Family, which its author has in pre- 

The Lost Stone of Kirkmadrine. 

By the Rev. G. Philip Robertson. 

Seven miles south of Stranraer, on the north-west corner 
of the Bay of Luce, is the village of Sandhead, and two miles 
west of it is the old churchyard of Kirkmadryne. In the 
middle of the churchyard stands a church restored to what 
it was seven centuries ago. It is not used now for worship, 
but is the burial place of the Ardwell family- 
Abutting on the outside, at the west end, is an arched 
recess. In this alcove is a collection of sculptured stones 
found in the district. The most interesting by far are stones 
with sculpture and inscriptions that are early monuments of 
Christianity. " Nowhere in Great Britain is there a Christian 
record so ancient " as the carving on these blocks. These 
stones are illustrated and described in the Report of the 
Ancient Monuments Commission on Wigtownshire, pp. 

The largest are two monoliths, about seven feet high, 
over a foot wide, and three to four inches thick. On the top 
line of the slightly shorter, more massive block was A ET Cl 
(Alpha and Omega, the T being ligatured). When the casts 
were taken by Sir James Simpson in 1861 for the Edinburgh 

The Lost Stone of Kirkmadkine. 137 

Antiquarian Museum, the il was there and the T. Both 
are now frayed away. Below is the monogram cross of 
Constantine. This combination of A et H with the mono- 
gram is common in early Christian times, but in this form it 
is found only here in the United Kingdom. The form of the 
monogram fixes a date. It is said that by the end of the 
sixth century the combination of A et O with the monogram 
ceases to be found on sculptured monuments in the west of 
Europe. The monogram in the circle — a Greek cross with 
the Greek letter " r " ligatured on to the upper limb — the 
Chi-Rho monogram — underwent changes. The Greek " r " 
(P) was modified to the Latin R, and by and by dropped, 
leaving only a cross in the circle and no monogram. This 
simple cross is not found before 500 a.d. The carving of the 
four monograms on these stones assigns their date to 
450-550. All four have the ligatured " r " in Latin form, 
R, not Greek P. 

Below the circle there are six lines of inscription cut in 
good Latin capital letters, nine or ten in a line. The letter- 
ing has suffered less from the effects of time than have the 
formula and monogram. The fifty-six letters are distinct 
enough. The only question here is, was there another at the 
end of line four? It seems as if a small chip had been 
knocked off after the inscription was cut. There is a slight 
indication of at least one other letter in that line. If so, 
what was it? The letters are, as in ancient MSS, not spaced 
into words. Up to this part there is no question what are 
the words. The. inscription reads : — Hie Jacent Sancti et 
prae cipui sacerdotes ID ES. T is supplied, making id est. 
But this is said to be unheard of in epigraphy. A more 
commonly received idea now is, that the word, however it 
was written, indicated the name of the man buried there, as 
did the words following. In that case there are three com- 
memorated — Ides, \'iventius, Mavorious. 

They were sacerdotes. That did not then always imply 
what now is suggested when we translate sacerdotes by priest. 
Writers of the period make it synonymous with episcopus. 
But that could not then have the same connotation as bishop 
has to us. Kirkmadrine could not have had at that time four 

138 The Lost Stone of Kirkmadrine. 

or five bishops, successive or contemporaneous, like the 
Bishop of Galloway. 

They are called praecipui. This may be a mark of rank, 
or indication of character — eminent men in a position in which 
they were praecipui; or it is such a word of praise as was 
coming to be common on tombs. 

The other large stone has a very short inscription. At 
the top is the monogram in a smaller circle than is on the 
other stone, without the A et O. The monogram is only on 
the front of this stone, while it is also on the back of the 

Below, in the middle of the line, is the letter S, followed 
by ET, then below in a line Floren, and in another line tins. 
The letters are cut much more rudely here than in the other. 
It seems as if the two were meant to be read together, and 
to mark the last resting place of at least five men. 

They were likely inserted in a cairn. The formula, 
monogram, and inscription on the first stone do not take up 
three feet, while it is nearly seven feet in height. Very likely 
the cairn was piled above the grave, and piety set up this 
monument of devotion. 

But the circumstances of their erection are as much un- 
known as what befell them for a thousand years. Little is 
known of the church and the place. One infers that the four 
monograms would add to the sanctity of these stones in the 
eyes of the contemporaries of Bede and their successors. In 
the twelfth century church building was regarded by the 
magnates of Galloway as a great means by which they could 
obtain grace from God. This led to the erection of a new 
place of worship at Kirkmadrine. Perchance the reverence 
called forth by these sacred memorials led the builders to add 
beauty to strength in the building erected. They brought 
stone from Cumberland that could, as the native stone could 
not, be moulded and dressed into arch and pillars. 

About that time old districts were sub-divided into 
parishes,, often named after, because put under the protec- 
tion of, saints. Draichan or Dryne, the patron of this parish, 
was one of the minor saints, and one wonders if it is owing 
to Jiis being so little known that this parish is called indif- 

UJ cr Cn Co 
< UJUJJ"> 

- _ — q: 

,v r; < CO I7 o 

o r- c/3 1,1 z v^ 

< UJ > [l u I 

o „ ^ o > < 

Z C^ U Q > Li:^ 

.= s 

The Lost Stone of Kirkmadrine. 139 

ferently Kirkmadrine and Jaskerton. Jaskerton was the 
name of the estate in which it stands, the manor house one 
and a half miles distant. For over a thousand years men 
gathered to worship God on this spot, hallowed by the dust 
of these early missionaries of Christ, perchance martyrs, 
coinniemorated by these stones. 

Worship ceased being- held there about the era of the 
Covenants. There was a church here at the Reformation, 
and Protestant worship held for some years. It is said that 
the first incumbent — a scion of a well-known Wigtownshire 
family — was the only Protestant minister in the Presbytery 
of Stranraer that had been a Roman Catholic priest. 

Though the church was no longer used for worship, men 
around brought their dead to lie under its shadow. The 
building crumbled, and the whole place fell into neglect. 

The first reference thereafter I know of to these stones 
is in 1822, and it is by a Mr Todd. He was a schoolmaster 
in the parish adjoining on the south, Kirkaiden (Maiden- 
kirk). His sympathies and interests were wider than an 
ordinary pedagogue's, and this led him to make a drawing 
of these three stones, which was afterwards of great use. 

The next known about them locally is that some twenty 
years later two of them were turned into gate posts. The 
churchyard is in the middle of fields, and cattle strayed over 
the graves. This was felt to be unseemly, and it was 
arranged that the minister lately ordained in the parish — 
Rev. Robert M'Neil, father of the late Rev. C. M'Neil, once 
of St. George's United Free Church, Dumfries — should 
preach at Kirkmadrine, and that a collection should be taken 
to erect a dyke round the graveyard to keep out the cattle. 
This was done, and these two stones utilised as gate posts. 
Was the reverence paid to the ground an act of irreverence 
to the stones? Let it be forgiven, for men knew not then 
what we think nor they did. 

Soon after this Sir Arthur Mitchell brought their exist- 
ence to the knowledge of the antiquarian world; but by this 
time the smaller thick stone had disappeared. In 1872 Sir 
John Lubbock scheduled the two gate-posts in his Monu- 

140 The Lost Stone of Kirkmadrine. 

ments Bill, and in 1889 they were placed in a recess, and 
taken charge of by H.M. Board of Works. 

The missing- stone was found by accident in October of 
last year. Visitors to the district have remarked on the 
strange pillars for posts to gates seen here and there in the 
Rhinns. They are like miniature corn stacks, some six feet 
high and eleven feet in circumference. The gate swings on 
a batt fastened into a stone in the pillar. 

On such a batt the gate of my manse swings. The iron 
having broken, it was found necessary to take out the former 
stone, and put in another with a new iron batt. It was found 
that the stone ran all the diameter of the pillar, and when 
it was got out and the new put in, there was a hug^e gap to fill 
up. The mason naturally thought the best way was to use the 
former stone for that purpose. It seemed an ordinary stone, 
so he commenced to break it. Fortunately it was not lying 
to his mind, and he turned it over. Then, being an intelli- 
gent man, he saw to his dismay what he was trying to break. 
He was greatly relieved when we found it was the blank end 
that was broken, that the upper inscribed part was only cleft 
in two, and that the two parts fitted in perfectly, scarcely a 
particle being awanting. 

The stone has been cemented, under the care of the 
architect of H.M. Board of Works, and will soon be placed 
alongside the other two larger stones, hardly a whit worse. 

This stone is about three feet long, nine inches broad, 
and nine inches thick. The monogram is the same as on the 
other two. It is three inches from the top, and eight inches 
in diameter. One inch lower is the inscription, Initium et 
Finis, in two lines of letters, ij to i^ inch in size. The 
M of initium is either frayed, or, more likely, as in some other 
cases, intentionally made like an R. The circle and inscrip- 
tion take up about thirteen inches, leaving three inches blank 
at the top and twenty inches below. The Chi-Rho monogram 
of which there are four specimens at Kirkmadrine, is found 
on a boundary (?) stone at Whithorn, and nowhere else in 
Scotland. Is that owing to the masons brought from France 
by Ninian to build Whithorn? But that question may never 
be answered, any more than why the inscription was made 

The Lost Stone of Kirkmadrine. 


lo run over two stones, why a third was added, why there 
was put in Latin on the third stone a transhition of the 
Greek formula on the first. 


Plate 3. 
Note on the Kirkmadrine Stone. 


This stone was described in Proc. Soc. Ant. Scot., ix., 
p. 569, with an illustration, and mentioned in Romilly Allen's 
Early Christian Monuments, Scot., p. 495. As the date, 450 
to 550, is a good deal later than St. Ninian's actual building, 
It may be safer to say that the use of the Chi-Rho monogram 
was brought in from Gaul through the intercourse of the 
Church in Galloway with its parent Church of St. Martin's. It 
need not have been imported by the masons of Candida Casa, 
for they were probably dead by the time the earliest of the 
Kirkmadrine stones stood on cairns. 

Moreover, the Chi-Rho is found in the early British 
Church in Wales. A very well known example is the Carau- 
sius stone at Penmachno (plate 3, fig. i, from Westwood, 
Lapidariuni Wallice, pi. 79), in which the lettering is 5th or 

142 The Lost Stone of Kirkmadrine. 

6th century. That inscription says that Carausius " lies 
here in this cairn " — which justifies the suggestion that the 
Kirkmadrine stones stood in cairns. 

A different form of Chi-Rho in Wales is at Trawsfynydd, 
Merioneth (fig. 2, from Westwood, pi. 77), also a burial in 
a cairn and a similar inscription, with the addition that the 
man was a Christian — " Pxianus " for " Xpianus." 

In the Isle of Man the Chi-Rho is found on a stone at 
Maughold (Kermode, Manx Crosses, pi. x. and Ixvi.), which 
has two monogrammed crosslets (fig. 3) under a circular head. 
But this Maughold stone has lettering of the 8th or 9th cen- 
tury, though the form of the monogram is like those of Kirk- 
madrine. It is evident that this form remained in use for a 
long period, and that it is derived from the " Carausius " 
form, which in its turn is a simplification of the early mono- 
gram, shown on a medal of Theodosius (about 390) as the 
X and P simply intersecting. 

The lettering of this Kirkmadrine stone is later than that 
of the other Kirkmadrine inscriptions. It seems to have 
minuscule U and M, and the uncial N, somewhat like our 
H, common in the 8th century. The ligatured ET is the 
regular thing in Welsh 5th to 7th or 8th century inscriptions, 
an old tradition common to all the British Church. There- 
fore, perhaps, one might suggest the late 7th century as the 
earliest date of this stone. 

Now, anyone can see what a splendid problem this sets. 
The data are : — 

1. St. Ninian died about 428. 

2. Viventius and Mavorius, late 5th century (by the 

3. Florentius, 6th century (by the lettering). 

4. Initium et finis, late 7th century or early 8th. 

5. Maughold stone — shewing Whithorn influence, 8th 
to 9th century ; compare also another Maughold stone,, 
apparently of the same period, with Anglian runes and an 
Anglian name inscribed (Kermode, Manx Crosses, pi. x). 

6. Anglian Bishopric of Whithorn begins about 730 and 
ends about 802. 

The Lost Stone of Kirkmadrine. 143 

7. The later Whithorn crosses, beginning in the 9th 

We seem to have here, in spite of the total blank in 
history, evidence of the continuation of the Church in Gallo- 
way, past the time when the Northumbrian Angles settled 
there and started their own Bishopric, right into the Viking 
Age ; a Church, by its monuments, allied in its earlier history 
to that in Wales, and still perhaps to be re-discovered by (i) 
further finds of stones, and possibly early types of cell- 
chapels; (2) a better understanding of Welsh hagiology. 
There is work for the D. and G. N. H. and A. Society. 

Extracts from Weather and other Nature Notes 
taken at Jardington during 1916. 

By J. Rutherford. 


New- Year's Day was very stormy, with heavy rains, high 
wind, and heavy flood on the Cluden. The weather through- 
out the month was very changeable. There was rather high 
wind on several days. On a number of mornings it was quite 
like spring, particularly so on the last five days, when the 
singing of birds was heard on every side. The wind was 
mostly from the west and south-west. The rainfall (which 
was well distributed over the month) was above the average, 
and the highest recorded here in January since 1904. 

The most remarkable feature of the month was the high 
temperature, being about 6 degrees above the mean for 48 
years as recorded in Glasgow University Observatory. My 
record does not extend so far back. It may be interesting to 
compare the temperature record here with that of Glasgow, 
and to observe how little difference there is between them : — 



Daily mean maximum... 

49,68 deg. 


Daily mean minimum ... 

38.68 deg. 


Daily mean for month 

44.18 deg. 


144 Weather and Nature Notes. 

'J'he mean daily temperature for January during the last five 
years was 37.8 deg. 

It is noteworthy that the coldest November on record, 
viz., 1915, should be followed by the warmest January, and 
that the mean temperature of the two months was just about 
normal, whilst the intervening month of December was just 

First Snowdrop was hanging its head on the nth, 8 days 
earlier than 1915 ; Hazel came into bloom on the 28th, 2^ days 
earlier than 191 5. Mavis first heard on the 27th. 


During the first eleven days the weather was mild and 
i^ery changeable — very similar to that of January, but lower 
temperature. The fields were quite green and spring-like, and 
several early flowers were almost ready for bursting into 
bloom. Cold, changeable, wintry weather followed, and all 
vegetable growth was suddenly checked. The fields lost their 
verdure and became blanched and bare. Till the 17th the 
wind was south and south-west. On the i8th a cold, bitter, 
barren, north-easterly wind set in, which continued till the 
end of the month. There were heavy snow and sleet showers 
on several days. The i6th was a very stormy day, with high 
wind and heavy sleet and hail showers. We had a trace of 
snow on several days, but during a good part of the month 
the distant hills were covered. 

Dog Mercury came into bloom on the ist ; Yellow Crocus 
on the loth ; Dandelion on the loth; Coltsfoot on the 21st. 
The daily mean temperature was 6.5 degrees colder than 


This month came in with a very cold north-east wind, 
and the distant hills covered with snow. With the exception 
of the i6th and 17th, cold, barren, wintry weather continued 
till the end, with the wind principally from the east and north- 
east. Although there was no intense frost, yet there were 
only six days without frost on the grass. The daily mean 
temperature was 5.6 degrees colder than January. 

Weather and Nature Notes. 145 

Lesser Periwinkle came into bloom on the i6th; Wood 
Anemone on the 23rd ; Daffodil on the 31st. First heard the 
crows busy about their nests at Newton on the 4th. First 
heard the nesting note of the Peewit on the i6th. Corn 
sowing began on the 22nd. 


Came in with an ideal spring morning — a west wind and 
the birds singing all around. But this was a very dis- 
appointing sample of what was to follow. On the morning 
of the 2nd there was a heavy white frost, and the thermometer 
on the grass showed 10 degrees. A cold, barren wind, mostly 
from the west and north-west, prevailed till the 15th, which 
then changed to an easterly direction, where it continued 
during the remainder of the month. From the i6th there 
was no frost, and although the wind was easterly the absence 
of frost and the rain which fell on the i6th and 17th made 
conditions more favourable for vegetable growth, and during 
the last week we were surrounded with beauty in the rich 
verdure of the fields, the bursting bud, and opening flowers. 

First Primrose in bloom on an open bank (where I 
always note it) on the nth, 15 days later than 1915 ; Sweet 
Violet on the iith; Flowering Currant on the 13th; Jargon- 
elle Pear on the 14th; Sloe on the 21st; Dog Violet on the 

First Sandpiper seen on the river on the 4th ; first Wasp 
flying in the open on the 5th ; first Swallows on the 24th ; 
Willow Wren on the 27th ; Small White Butterfly on the 
28th ; first heard the Cuckoo on the 27th. 

The " merry " month came in with a north-east wind, 
and several degrees colder than the last six days of April ; a 
nice bright morning, plenty of May dew. Heard the birds 
begin their cheery music about 3.30 in the morning. 
Although the temperature of the month was fully two degrees 
below normal, and the distant Moffat hills were covered with 
snow on the 7th, yet vegetable growth made rapid progress, 
and by the 20th the fields and trees were very beautiful, and 

146 Weather and Nature Notes. 

Ave could not help being- charmed with our natural surround- 
ing- and exclaiming, " What a beautiful world in which we 
have been privileged to spend our probationary course !" and 
wondering what kind of conditions will prevail in the life 
which is to come. 

Cuckoo Flower came into bloom on the 8th; "Blen- 
heim " Apple on the loth ; Garden Strawberry on the 15th; 
Wild Hyacinth on the 17th; Eyebright on the 17th ; Chestnut 
on the igth ; Hawthorn on the 27th. 

We had an unusual number of Bumble Bees {Bombus 
terristris) and an extraordinary large number of Queen Wasps 
{Vespa vulgaris), which were very annoying, and people were 
looking forward with some alarm as to what extent the 
nuisance might reach in the summer and autumn if everyone 
was fertile and became the parent of a family of wasps. But 
during June and July they gradually decreased in number, 
and by the end of July there was hardly a wasp to be seen. 
What became of them I do not know, but during the summer 
and autumn there were very few nests about here. This 
sing-ular occurrence of such a large number of Queen Wasps 
in the spring, and followed by few nests, has been noted in 
some previous years. The great number that had hibernated 
and survived the winter had either been unfertile, or weather 
conditions had been unfavourable for the development of the 
eggs and the production of young. 


Rain fell every day till the nth. From the i6th till the 
2 1 St the weather was rather cold and unseasonable, and on 
the night of the 13th there was some frost on the grass. 
Turnips came away rather slowly after sowing, but were 
ready for hoeing about the usual time under favourable 
weather conditions. Corn gave promise of being a good 
crop. There was a good deal of thunder, which no doubt 
had a beneficial influence on vegetable growth. The flowers 
of the month came into bloom about their usual time — Ox-eye 
Daisy on the 6th : Herb Bennet came into bloom on the nth ; 
Wild Rose on the 14th; Harebell on the 23rd. 

Weather and Nature Notes. 147 

The mean daily temperature was the lowest for June 
during- the last six years, with the exception of 1913. 


The first fortnight prolonged the low temperature record 
of June, with rather wet and changeable weather. From the 
8th till the 17th there was fairly good, haymaking weather, 
when a good deal of ryegrass was secured. From the 17th 
till the end there was generally bright, dry, and warm weather, 
very favourable for haymaking. Ryegrass and meadows 
were good crops. Grass was very plentiful. Corn first seen 
ragging on the ist. The wind was mostly from the west, 
with a few days easterly. The rainfall was heavy. There 
was no exceedingly warm weather, such as we have often had 
in previous months of July. Thunder was heard on three 
days. Got the first dish of ripe Strawberries on the 14th; 
Honeysuckle first seen in bloom on the 12th; Knapweed on 
the 26th. Meadow Brown Butterfly first seen on the 21st. 


For the greater part this was a month of excellent 
summer weather, with about normal temperature. By the 
14th most of the hay in this immediate locality was in stack. 
Harvesting began on the 19th, four days later than in 1915. 
On good land in good condition there were heavy crops. 
By the end of the month there was a good deal in stack. 
On the 1 6th and i8th there was a good deal of thunder; on 
the 24th and 25th there were heavy thunder rains — 2.58 inches 
fell during those two days, being two-thirds of the total for 
the month. This caused a considerable flood on the Cluden. 
In former years, a flood any time between the ist and the 
middle of August was looked for, and was called the Lammas 


Fine weather continued throughout the month, with 
temperature a little above normal. There was a low rainfall, 
a variable wind, and high barometer. By the end the most 
of the corn on neighbouring farms was in the stackyard. 

148 Weather and Xailre Notes. 

A very dry September was followed by a \ery wet Octo- 
ber. With the exceptions of 1903 and 1909, this was the 
wettest October during the last 2^ years. Rain, less or more, 
fell on nearly every day, the total being 7.81 inches. There 
were some high winds, and occasional frost at night. The 
barometer record of the month was in keeping with the 
inclement weather experienced. On the evening of the 30th 
the reading was 28.8 inches. On only eleven days did it rise 
to 30 inches. There was sunshine at 9 a.m. on 13 days. The 
daily mean temperature in the shade was 44.53 degrees; this 
is about 4 degrees below normal. There were several very 
stormy days, with heavy rain and high wind. There was 
thunder, with heavy thunder showers, on the 7th. Near the 
end of the month there were a few fine mild autumn days. 
We heard of several farms in this district where the harvest 
was not finished in September, but the weather of October 
was such that nothing could be done, and the stooks were 
in a bad state. Potato lifting was also much hindered by 
the stormy weather and the wet state of the ground. The 
crop turned out very disappointing. Not only was the crop 
light, but there was a great deal more disease than we have 
had for many years. It was noticed that the shaws of some 
varieties went down very early, before the tubers were 
matured. The reports from most of the districts throughout 
the country confirm the opinion that the crop is far below 
the normal. The last swallow seen was on the 15th, fifteen 
days later than in 191 5. The leaving of the swallows was 
rather unusual and interesting. Large flocks went away 
about the beginning of the month ; a few were seen daily until 
the 4th ; no more were seen for several days. Then a number 
returned again on a few evenings ; then they were not seen 
again for several days. A number were again seen on the 
15th. The reason for their being absent for several days and 
again returning I do not know. 

From the ist till the loth there was some rather stormy 
weathef, with thunder and heavy rain. The direction of the 

Weather and Nature Notes. 149 

wind \Xas various. From this till the 22nd there was mode- 
rately g^ood November weather, when the greater portion of 
the potatoes here was got up, but the ground was wet and not 
very suitable for potato work. A good portion of the turnip 
:rop was secured during- the month. This crop was also below 
the average in bulk on neighbouring farms. From the 22nd 
till the 29th there was a good deal of wet and storm v weather. 
The last day was very fine and mild, quite like spring. There 
was not sufficient drought during the month to enable anything 
to be done by way of securing the corn which was going to 
waste in the stooks in many parts of the country. 

The temperature of the month was exceptionally high — 
the daily mean being 44.25 degrees. This was 9.07 degrees 
above that of November, 191 5. There was very little frost — 
a few degrees were registered in the screen on eight nights. 
At the end of the month the fields were very green. A good 
few strawberries were in bloom, and quite a lot of daisies on 
the lawn. 


The first three mornings were very fine ; the song of the 
mavis was heard on each morning. From this till the 15th 
w^e had good December weather. From this weather of a 
more wintry type set in, which continued till the end of the 
month. On the 14th Queensberry and the distant Moffat hills 
were covered with snow. We had a light covering of snow 
on the 1 6th, also on the i8th, and about five inches on the 
19th, which was the heaviest fall here during the year. By 
the 25th the snow was nearly all away. We had a rather high 
flood on the Cluden on the 29th. The wind till the 23rd was 
variable, mostly from the north, north-west, or east. From 
this till the end it was south, south-west, west, and north-west. 
There was sunshine on only five mornings at nine o'clock. 

There was no continued hard frost. The lowest reading 
in the shade was 21 degrees on the 5th. The daily mean 
temperature was 4.42 degrees below the a\erage of the last 
six vears. 


Weather and Nature Notes. 

M()^THL^• Mew 'I'liMPKKAri re ok ihe Following Years 

















37 -49 





37 -SI 









41 -39 








49 03 






52 00 














61 11 

63 00 

























42 -2t) 








41 13 

40 03 




Weather and Other Notes. 


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PE jtoojaq .10 'iv 












s&v(i JO jaqiunx 





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s/Itjq }o .laquinK 


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152 Rainfall Records for South-Western Counties. 






















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I -^ O -^ •-• fM 0> 



M CO CC rsi lO I 

^ Ol rH 00 Xi t 

• cr cc c: 00 O 

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iniflCiOiO'^C^OtDO'-Oi— i>QC-lwC5'."fMCO-»'OCOW-*'^ 

►^ I Ot0Oi0L0"'#Tj<i01>-iX)C000i-i---*:0C0mt0t^i-<C5i00SCS 
r^ ! 7*<C^OOOt^OO-^OS7Pr^^P'090pt--9>C:(X)OpOOiO-j*'l;-- 


— 'cSoo<r>c^a>Ci-Tt<oot^rHOoo':0'Oh-i:c:d':or^»o0500i>co 

r? j p i-H p — 1 rH O to lO M rH iQ t;^ CO CO CJ rji -H CO 'C p p "* 1-- T"- to 





) ^ Ol OJ i-H lO 

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^'^ Et _ 

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P t; ;3 -r- t: * 

: o^_22 =^ ® 


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<P O O S :3 
























Rainfall Records for South- Western Counties. 16S 



.>*.*iooa50toio.*(no4i.»iBi^»o .*ci(n^^.wcom4k 


»« .w lO u5 >rs to lo .« tk th >o 4»i i> o t- lin is « »e^ eo tumcoco eo 


00 o p .r. « o ■>) QC w p a o o oi c-i p o en ^ S S S S « § S 

t^ 00 CO GO 00 05 00 00 1^ l^ t^ t^ 6o O C.J 6-J O »0 t- QD 03 00 t-^ t^ ^ r- 


g§S=§p£S§??SgSS^SS 3S5:§S§Sgi 

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mmmmmmt is?i!!gii 


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^^.o^eo5=eo^-3.(N-).«iu3«50Ti.<o cam-((N«5.iMiiM 


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gg£§SS5§ggSsS^52S g.t2§gS?SS2 

^^^»,„„^^ ^^^^^„^„ ^ ^^^„^^ 


5 18 
5 06 
5 01 


3 20 


O'*00-*l>-r)CSC0 l^i-tWI'-OfMOOO OOOiOvCCOiMfMCO 
0«(OOr-iTj«^0 -COOf-rH^tNC^O l^'MX)OC^Oi^C^(^ 


iOincU<biioWOiO COlh-iJ^^bt^i^^-ai cooc-im-*cocococo 

s: ■ 

oo.-cocoi<ooooooinOi-ho co<Mt~oi~oooao 

t^ tt X 1^ O O iO CO 00 w^ C-l in lO Oi W2 -t <M .* iH •>! 0-1 O *! 00 CO iH 
(NIN .Or-.i-i pHOOtOCO i-ieOCirH M 



i i 

3 2 . 4, . ■ ■ . ;^ - >• , 5 

i Si '1 -^^ • -g ■ gi -a 

.5 3Si.£.Saj ■roJ3.B3>.>a.^ ajo-S.::!* — 




1. — On Account of Capital. 

Sum on Bond and Disposition in security 
iSum on Deposit Receipt 

36 2 

£236 2 



11. — On Account of Revenue. 

Annual Subscriptions 

Donations, and Tro nsoctions sold ... 

Interest on Loan, less Tax 

£69 16 6 
3 10 9 
6 19 9 

£80 7 


Balance due Treasurer 

. £2 5 


Rents, Taxes, and Insurance 

. 13 8 


Books bought 

9 17 

Stationery and Advertising 

4 17 



4 14 


£35 2 


Balance on hand at close of year ... 

. 45 4 


86 7 

Proceedings and Transactions 

Ol- THE 

Dumfriesshire and Galloway 

Natural History & Antiquarian Society. 

s E s s I o asr i9iv-i8. 

23rd November, 1917. 

Annual Meeting. 

Chairman — Mr G. M. Stewart, V.P. 

Mr M. H. M'Kerrow, Hon. Treasurer, announced that 
during- the year 191 6- 191 7 the capital of the Society invested 
stood at ^.22,6 2S, but that the bond for ;£r200 was uplifted 
and ^^230 invested in 5 per cent. War Loan, at a cost of 
£,2iS los. The difference was made up by taking- ;^i8 8s 
from the deposit account, which now stood at ;£i'j 12s. The 
revenue, including special donations towards publication, 
amounted to ;£Ti30 is 3d. After paying rent, etc., and the 
cost of the Transactions, there was left to carry forward ;^68 
9s I id. The Chairman in a survey of the Society's activities 
stated that about 50 members of the Society had given their 
services to their country, that 15 had died, and 15 resigned. 
Every effort was being made to keep expenses within income, 
and with this objecl, in place of two single volumes, a double 
volume for 1916-1918 would be issued in a few months, and a 
special publication fund raised, to which Sir Herbert Maxwell 
had already given the handsome donation of ^<io. 

Ten new members were then elected, and on the proposal 
of Mr Davidson, the existing office-bearers were re-elected, 
with the addition of Rev. S. Dunlop as Hon. Vice-President; 

156 Annual Meeting. 

and Mr F. W. Michie, Mrs Matthews, and Miss Gordon as 
members of Council. 

The Chairman also announced that, in recognition of the 
services of Mrs Shirley in compiling the Index for 1914-1915 
and of her work as co-Editor of the Transactions, the Council 
had elected her an Honorary Member. A vote of thanks to 
the Chairman closed the proceedings. 

Comparative Archaeology : Its Aims and Methods. 

By Robert Munro, M.A., M.D., LL.D., F.S.A. Scot. 

I. — Historical Introduction. 

When the reasoning faculties reached the stage of being 
dominant factors in the progressive culture and civilization of 
mankind, it is but natural to suppose that, among the many 
mysterious and inexplicable phenomena in the environment 
in which they lived, their own position in the scale of organic 
life in a world teeming with all sorts of animals would have 
given them an occasional passing thought. From time im- 
memorial tradition and proto-historic documents had im- 
pressed on their minds the idea that they occupied a different 
platform in the scheme of creation from the other animals — 
man being regarded as the crowning achievement of a long 
series of creative fiats which brought the present world-drama 
into existence. Several well marked features in their mental 
and physical constitutions gave a prima facie plausibility to 
this opinion. Such, for example, as the erect attitude (sup- 
posed to be after the image of God) ; the acquisition of hands 
which enabled them to manufacture tools and weapons of 
defence; and, especially, the power of communicating 
thoughts to their fellow creatures by language, speech, and 
gesture. So long as it was the current belief that the inhabi- 
tants of the modern world were the descendants of a single 
pair of human beings, specially created for the purpose of 
founding a divinely protected population, there was really no 
incentive to inquire into their origin on evolutionary or any 
other grounds. Both religion and tradition had already 

Comparative Arch/eology. 157 

stereotyped the former doctrine as the orthodox history of 
humanity. During the religious despotism, which obtained in 
Europe after the downfall of the Roman Empire, no one, or at 
least very few, seemed to have the courage, or perhaps the 
intelligence, to point out the manifest objections to this theory 
as the true explanation of the origin of mankind. If the 
white, black, and red skinned races were descended from one 
pair of ancestors it follows that their present physical differ- 
ences must have been moulded, under natural laws, since the 
act of creation. On the other hand, it has been shown from 
an analysis of the ancient sculptures and wall paintings of 
Egypt, that human racial characters have undergone little or 
no change during the last 6000 years, as the four principal 
races who then frequented the Nile valley were as broadly 
differentiated then as they are now. This slow rate of change 
in the physical constitution of these races undoubtedly implies 
a greater antiquity of mankind on earth than that assigned 
to them by the biblical narrative, as interpreted by Bishop 
Usher. Similar deductions were founded on the widely diver- 
gent elements of the different languages, religious creeds, 
superstitious and other deep-seated customs. On these 
grounds it has been argued that the social and physical differ- 
ences between the various human races and families now 
existing on the globe had already been developed, under the 
slow growth of ages, long before the rise of the earliest 
empires of the old world. But such criticisms, being more 
academic than practical, were slow in assuming the defin-fe- 
ness of a precise opinion, and hence they were not immediately 
affected by the rising spirit of inquiry which became manifest 
in some of the collateral sciences after the darkness of the 
middle ages began to give way under the influences of more 
enlightened generations. 

Among the chief causes which retarded investigations 
being made into the more remote field of pre-historic archce- 
ology was ignorance of the real nature of the evidential 
materials which lay concealed within its domain. Looking 
beyond the unreliable data of proto-historic times the mental 
vision was so circumscribed by a horizon of impenetrable 
darkness that successful research in that direction seemed 


-hopeless. The frag-menlary remains ihen available were 
either unrecognised as the work of man, or rejected as invalid 
evidence for the solution of ihe problem of man's origin and 
antiquity. Moreover, lb.' knowledi^e necessary to deal with 
the waifs and strays of the unwritten records involved new- 
methods of inductive reasoning- which took some time to come 
to maturity. It was not, therefore, till little more than half a 
century ago that isolated finds in caves and old river gravels, 
calculated to throw light on the history of man, assumed 
sufficient coherency to be forniulated into a new science under 
the title of anthropology. As already remarked, want of 
knowledge of the handicraft work of early races was the 
principal impediment to pre-historic research. The Greeks 
and Ron-ians regarded the ordinary polished stone axes, which 
were occasionally picked up in cultivated fields, as thunder- 
bolts (cenuDiicc), and professed to find them wherever light- 
ning was seen to strike the earth. The popular belief, that 
flint arrow-heads were the missiles of elves and fairies, was 
long prevalent in the folklore of Britain and other countries. ^ 
Hence these mysterious objects came to be looked on as 
charms and talismen, to which supernatural virtues were 
attributed, such as the power of healing diseases and averting 
threatened calamities, supposed to eminate from the evil eye 
and the incantations of witchcraft. Dr Belluci, of Perugia, 
in his catalogue of Italian amulets has tabulated, under the 
heading of Pierre s de Foiidre, 20 arrow-heads and 3 polished 
stone celts, which had been used as charms throughout the 

The discovery in the ancient gravels of the Somme valley 
of bones and teeth of the mammoth, rhinoceros, and other 
extinct animals, associated with almond-shaped flints which 
M. Boucher de Perthes regarded as the manufactured tools 
and weapons of the people who lived contemporaneously with 
these extinct animals, was absolutely ignored by his country- 
men for many years. In 1847 he published a report of his 
discoveries in three volumes, under the title of AritiquiUs 
Celtique et Antediluvierines, but the work lay unheeded till Dr 
Hugh Falkoner, F.R.S., visited his collection at Abbeville in 
1858. Dr Falkoner returned to London a convert to the 

Comparative Arch.i-;oi-()<;v. 15'J 

Frenchman's theory, thai the Hint objects were really the 
handicraft woik of man. This opinion, coming- from such an 
experienced paUeonlolos^-ist, at once attracted the attention of 
Elnglish archaeologists, many of whom forthwith visited the 
scene of these discoveries. It then transpired that as early 
as 1797 a discovery was made at Holne, in Suffolk, of bones 
and flint implements precisely analogous to those of the 
Somme valley. Not only so, but a detailed account of this 
discovery had been given by Sir John Frere, F.R.S., at the 
Society of Antiquaries of London. Some of the flint objects, 
described in the paper as weapons, were presented to the 
British Museum, A\here they lay ever since before the eyes of 
successive generations of learned archaeologists as meaning- 
less curiosities. Xor was this a solitary instance of similar 
discoveries in Britain. About a century earlier than the Holne 
find (i6go), a flint implement and an elephant's tooth had been 
disinterred from ancient gravels in Gray's Inn Lane, London. 
But the Mint implement was not recognised as the work of 
man till Sir W. Franks pointed out its identity with the 
Somme specimens. 

The remarkable discoveries made by the Rev. Mr 
M'Enery in Kent's Cavern, in the early part of last century, 
were absolutely ignored by scientists of the day. This most 
conscientious explorer of the cavern asserted that he found 
flint implements, associated with bones and teeth of extinct 
animals, below a thick continuous sheet of stalagmite. 
Papers embodying the results of his investigations were read 
at a meeting of the British Association in 1847, but, according 
to Mr Pengally, the inconvenient conclusions arrived at 
*' were given to an apathetic, unbelieving world." Subse- 
quently, however, en rrvatichc, the complete exploration of the 
cavern was carried out under the auspices of that Association 
(1865-1880) at a cost of ^^1963. Veritas minquam perit. 

Continental discoveries did not fare better. Dr Schmer- 
ling, the indefatigable explorer of Belgian caverns, published 
an account of his discoveries in two volumes, with an atlas of 
74 plates, in which he advocated the contemporaneity of man 
with the extinct animals (1S33-34); but, in face of Cuvier's 
expressed contempt for cavern researches, his convincing 

160 Comparative Archaeology. 

facts and conclusions had no chance of being considered on 
their merits. It is somewhat amusing- to find that Sir Charles 
Lyell, who paid a visit to Schmerling in 1833, was among 
those who then regarded his work with some scepticism. 
Thirty years later, however, Sir Charles made the amende 
honorable to the Belgian savant for not then giving the weight 
to his opinions that they were entitled to. The following is 
the concluding sentence of a long apology : — " When these 
circumstances are taken into account, we need scarcely 
wonder not only that a passing traveller failed to stop and 
scrutinise the evidence, but that a quarter of a century should 
have elapsed before even the neighbouring professors of the 
University of Liege came forth to vindicate the truthfulness 
of their indefatigable and clear-sighted countryman." — 
Antiquity of Man, p. 69. 

While opinions founded on these anthropological re- 
searches were on the verge of passing from the stage of specu- 
lation to that of reality, the civilized world w'as profoundly 
agitated by the appearance of Charles Darwin's book on the 
Origin of Species (1859), in which he advocated that the suc- 
cessive generations of living organisms (including man), by 
which the continuity of species was perpetuated on the globe, 
had been evolved from pre-existing forms by ordinary 
biological processes, which he called Natural selection. Four 
years later Sir Charles Lyell 's book on the antiquity of man 
appeared. The array of facts and well-reasoned hypotheses 
set forth in these volumes placed anthropology on a conspicu- 
ous pedestal among the Natural sciences. After the cloud 
of scepticism, with which the earlier discoveries had been 
received in scientific circles, had passed away, anthropology 
found a footing at the British Association meetings, at first 
as a department of the Biological Section ; but subsequently 
(1884) it was found expedient to devote a full section to the 
deliberation of its attractive and rapidly accumulating evidence 
on the antiquity of man and human civilization. 

The evidential materials which fall to be considered under 
the science of anthropology naturally arrange themselves into 
two classes. One consists of the fragmentary remains of the 
bodies of former races, chiefly portions of skeletons which bj' 

Comparative Arch.^ology. 161 

some fortuitous circumstances had hitherto resisted the dis- 
integ^rating- forces of nature. The other comprises a miscel- 
laneous assortment of man's handicraft works in the form of 
discaided or lost tools, weapons, and ornaments, which, being 
largely made of stone, shells, and other endurable substances, 
are more abundantly met with. It is this part of the dual 
classification that falls within the province of archeeology 
proper. From this standpoint archaeology may be said to be 
the earliest stage of history, so that the latter is a mere 
strengthening of the methods of the former by the addition 
of the art of writing to the common stock of unwritten 
materials already used in recording passing events. History 
is thus the proximal end of one continuous line of research 
which has its distal end in that very remote period which deals 
with the earliest traces of humanity. Not long ago classical 
scholars were applying the word archaeology to the artistic 
remains of Greece and Rome, the unwritten records being held 
as too trivial to be discussed under Classical Archaeology. 
But the title. Prehistoric Archaeology, correctly limits its 
scope to the Flotsam and Jetsam which can be picked up on 
the trail of humanity. 

We are indebted to Scandinavian savants for the first 
serious attempt to unravel the unwritten records of their 
country. Despairing- of being able to get satisfactory infor- 
mation of the early history of their people from the Sagas and 
other traditionary sources, they began, about the beginning of 
last century, to subject the archceological materials, so pro- 
fusely scattered over these northern lands, to the most crucial 
tests that scientific ingenuity could devise. Impressed by 
the abundance and beauty of the stone and bronze implements 
found in the debris of ancient inhabited sites, the abodes of 
the dead, concealed hoards, and stray surface finds, they 
adopted the novel method of classifying these relics according 
to a system which has since become famous as the three ages 
of Stone, Bronze, and Iron. This method was founded 
on a statement by Lucretius in his De natura dcorum. 
" Anciently," says this writer, " man's armour were his 
hands, nails, and teeth, together with stones and sticks from 

162 Ct)MP.\RATi\E Archaeology. 

Uk- forest ; then canie iron and bronze, but lirsl bronze, the 
use of iron not beini^- known till later. " 

In 1830 the Danish antiquaries arranged the rcHcs in the 
rclel:irated Museum of Northern Antiquities on this basis, and 
shortly afterwards it was adopted in the Museums of Lund 
and Stockholm. At the outset the principle was carried to 
sucli an extent that the pre-historic relics were classified ih a 
series of consecutive rooms, according to the composition of 
the material of which they were made. But subsequently 
this arrangement was discontinued, as fresh discoveries 
showed that there was a considerable overlapping- of relics 
relegated to these different ages. It took some time for even 
experienced archaeologists to realise the fallacy of adhering 
rigidly to such a classification, as if the instant the superiority 
of a bronze axe over one made of stone became apparent the 
manufacture of the latter ceased there and then. The dura- 
tion of this overlap would also vary in different countries owing 
to local circumstances, such as poverty of the people, distance 
from commercial hig'hways, want of metals, &:c., for, it must 
be remembered, that in the first instance bronze objects were 
imported from eastern lands. Bronze was in use among the 
nations bordering the shores of the Eastern Mediterranean 
probably 1000 years before its appearance in the Baltic 
regions. However, the sequence suggested by Lucretius, 
especially as regards cutting tools and weapons, is 
correct and probably applicable to all European countries; but 
its chronological value in the fixing of dates fluctuates accord- 
ing to each country's geographical position and attractiveness 
for early human settlements. 

II. — Evidence of the Unwi?itten Records. 

When relics of the handicraft work of people who lived 
in remote ages come to light the primary duty of the antiquary 
is to give a precise account of them, noting at the same time 
bones, and other organic substances, that may be associated 
with them, as well as the physical circumstances in which the 
objects were found. Should the antiquarian relics readily take 
their place alongside of analogous remains discovered in the 
district and already preserved and systematically arranged in 

Comparative Arch.tx)i,()gv. 163 

a local or in the National Museum, good and well, as the locai 
antiquary's function may then be said to come to a leg-itimate 
end. But if no standard of comparison can be found for the 
chronological arrangement of his treasures further proceed- 
ings of a more drastic character become necessary, w hich ma\ 
entail special knowledge beyond the capacity of any single 
individual to supply. Henceforth the inquiry comes under the 
control of a number of experts in different departments of 
science. Human bones are submitted to a professional 
anatomist who has paid some attention to fossil remains of 
man. Bones and teeth of other animals, horns, shells, seeds, 
and other organic remains go to appropriate specialists. 'I'he 
site has also to he examined by the geologist, especially if the 
debris has assumed a stratigraphical arrangement, as the pre- 
cise position of a fossil t)bject may determine the date of the 
site, as well as that of its occupation by man. 

The finding of a skeleton of an extinct animal having a 
slone implenienl cnibedclcd in its skull would be as valid e\ i- 
dence that n\'in was contemporarv with and hunted these 
extinct animals, a^ it ihe fact had been recorded by an eye- 
wilness in a written document. 

Again, the t-\ploialion of a greal mound in l^Vance 
history was long lost in the mists of post ages has disclosed a 
central burial, consisting of the body of a warrior, arraved in 
the full panoj^jy ol ;i spk'ndifl arn-our and laid on his war 
chariot, with llu- hor.>cs in tlu'ir ])hire and harnessed, as if 
ready for batik-. I"l\ery manufactured object discovered in 
that mound reveals by its form, structure, and decoration an 
unwritten story of b\f-gonc davs, the i<uii cusenihle of which 
convej'S to the skilled anliquarv a fair account of the culture 
and cilivization of the period in which this warrior lived. 

Worked objects found in surface soil and water-worn 
gravels may disclose a confused mixture of relics of dififerent 
ages, especially the latter, owing to the frequent shifting of 
deposits by storms and Hoods. Relics found in such circum- 
stances are, for chronological purposes, unreliable, because 
they may have been previously more than once shifted and re- 

In regfions abounding in sandhills, where extensive dis- 

li64' Comparative Arch.^iOlogy. 

locations of the sand go on during high winds, we may find 
in certain hollows a mixed assortment of relics belonging to all 
ages. This anomaly is easily explained by supposing that a 
sand-hill formerly covered the site, and that it was then fre- 
quented by hunters and other persons, who left their impro- 
vised fireplaces, cooking utensils, remains of feasts, and stray 
objects behind them. By and bye the lighter materials of the 
sand-hill were blown away in clouds, while the heavier objects, 
gradually sunk lower and lower, till ultimately they reached 
the surface of the orig-nal land before the intrusion of the sand 
into the district. 

But there is another aspect in which novel and unclassified 
relics have to be treated, in order to gain all the information 
that the ingenuity of science can elicit from their special 
•characteristics. For this purpose we have to institute a com- 
parison between them and analogous relics found elsewhere, 
and preserved in various accessible museums at home and 
abroad. During this roaming inquiry we enter on the special 
domain of comparative achcEology, the prosecution of which 
often requires the expenditure of more time and money than 
may be at the disposal of local antiquaries. The result of 
investigations conducted on these lines has shown that in 
many localities antiquarian objects, though serving the same 
purpose in social life, disclose some differences as regards 
execution, technique, and style of art so constant and per- 
sistent that experts are enabled to classify them as peculiar to 
•certain geographical areas. The same remarks apply to a 
large class of outdoor monuments whose structural details, 
whether their material be stone, metal, earth, or wood, reveal 
■certain data indicative of the social life and culture of their 
builders. Many illustrations of such antiquarian remains will 
occur to the well-informed archaeologist, without extending 
Tiis purview beyond European lands, such as the various types 
of primitive stone monumen' -, military camps and forts, lake- 
dwellings, terremare, etc., many of which occupy portions of 
several of our modern kingdoms. Indeed, most antiquities are 
more or less differentiated by local prejudices, customs, and 
other moulding influences, so that experts are able to outline 
the respective areas of their distribution. The smaller 

CoMi'AR A I ivic Akch.koi.oc.v. 165 

relics art .ilso relegated to well-clelined land areas, although 
sometimes characteristic specimens are found as stray objects- 
oulside the ascertained limils of their original home. For 
instance, a few fragments of Samian ware have been found in 
some of the hrochs and scnHeraines of Scotland. The super- 
Hcial extent of the areas to which certain relics are restricted 
depends on their utilitarian attractiveness and the length of 
time that intervened before they were superseded by a superior 
invention. Hence we have to consider the life history of 
relics in point of time as well as of geographical distribution. 
Improvements clue to structural alterations in objects are 
well illustrated by the \ariety of types of axes, and their 
manner of hafling. Also, b\- the successive modifications 
w hich the fibula has undergone from lime to time in the hands 
of different races. Starting from the simple bone pin, this 
useful article of the toilet has passed through the safety-pin 
stage to that of the well-known Roman fibula, from which it 
diverged by different routes into distant lands, where it be- 
came transformed into the handsome brooches known as 
Celtic, Saxon, and Scandinavian. 

] !I. — CoMPAR \ri\ !•: MinHoos li.i.nsxRA ied. 

1 now proceed to gi\'c a feu practical illustrations by way 
of showing the value of comparative archaeology in elucidating 
the legacies which our pre-historic forefathers have bequeathed 
to us in the form of ruined habitations, the abodes of the 
dead, military works, and that large assortment of their 
handicraft productions which several generations of ardent 
antiquaries have stored in many splendid museums all over 
the world. 

Before dealing with the smaller relics, I wish to make a 
few^ remarks on those outdoor monuments, merely to prove 
that in some localities they have acquired more or less dif- 
ferent characteristics, retaining, however, a sufficient amount 
of their common features to show that they are works emanat- 
ing from the same original sources. 

Megalithic Monuments. — The raising of commemora- 
tive memorials of such endurable material as stone is not a 
monopoly of any age or people. While the isolated standing 

160 Comparative Arch.kologv. 

stone has been used to commemorate various events, such as 
the crowning of a king, or to mark the site of a battle, gVavc, 
or boundary, the use of alignments is still a matter of conjec- 
ture. The dolmens, chambered cairns, and orthostatic stone 
circles, are now believed to be exclusively associated with 
memorials of the dead. These monuments are distributed in 
sporadic groups along the shores of the Baltic, throughout 
the British Isles, France, the Iberian peninsula, and the 
littoral border of the Mediterranean ; but none are found in 
Central Europe east of Saxony. This irregularity in their 
geographical distribution has given rise to the theory that 
they were erected by a wandering race called " the people of 
the Dolmens," but of the whence or whether of these peri- 
patetic people we have no knowledge. 

In support of the theory that the dolmens were used as 
altars for the sacrifice of human beings by the Druids, the so- 
called priests of the Celts, there is no evidence. That the 
smoothest and flattest surfaces of the cap-stones are always 
facing the interior of the chamber and that cup-marks or 
other markings, when present, are invariably on their under 
side, may be accepted as evidence against the sacrificial 
hypothesis. Another debatable point is, whether the free 
standing dolmens were formerly covered up with earth or 
stones? Although many show no trace of having been thus 
covered up, there are archaeologists who maintain that this 
was the original condition of all of them. This opinion 
derives some support from the fact that, throughout the whole 
area of their distribution, many are still to be seen in all 
stages of denudation. 

NuRAGHi. — The nuraghe in its simplest form consisted of 
a circular tower, about 30 feet in diameter at its base, bul 
tapering upwards so as to assume the form of a truncated 
cone. It was built of roughly-hewn stones, without any 
cement, but sometimes clay was used in its inner interstices. 
The main entrance was placed to the south, and measured 
five or six feet in height, and only two feet in width. On the 
right of the entrance was a small guard-chamber, and on the 
left the opening to a winding stair, which led to the top or to 
an upper chamber, if the tower had a second or third storey. 

Comparative Arch,4iology. 167 

Fronting the main entrance there was another doorway lead- 
ing- to a central chamber, 15 feet in diameter, which had two 
or three niches in the surrounding solid wall. The roof of the 
central chamber, as well as the roofs of all the smaller cham- 
bers and stair spaces, was formed on the principle of the bee- 
hive dome. -Many of these towers, especially the more re- 
cently constructed, had around them a complicated mass of 
outworks, all constructed on the same general principle as 
the main building. 

Remains of some 6000 of these unique structures have 
been fairly distributed over the whole island of Sar- 
dinia, except on its north-east corner, where they are rarely 
met with. They were judiciously situated at the approaches 
to fertile tracts of land, near springs, and in the vicinity of 
river fords; but always within signalling distances of each 
other. The relics found on their ruins are of a domestic char- 
acter, such as household pottery, oil jars, etc. Arrow heads 
made of obsidian — a substance found in situ only in one place 
in the island — -are found scattered over the country. A con- 
sensus of authoritative opinion now regards the nuraghi as 
fortified habitations, and not temples or tombs, as formerly 
conjectured. In their near vicinity some giant graves of a 
peculiar type have been explored, and are supposed to be the 
family burial places of the inhabitants of the nuraghi. These 
tombs are constructed in the form of elongated allees cou- 
vertes, and have in front of the entrance a semi-circular double- 
lined stone wall, reminding one of the Horned chambers of 
Caithness and others in the midland counties of England. 
Fergusson {Rude Stone Monuments) described the nuraghi 
as absolutely peculiar to the island of Sardinia, and could find 
nothing like them, except the Talyots of the Balearic Islands, 
to which they have some structural resemblance. 

Brochs. — In vScotland we have a class of dry stone built 
monuments kisovvn as Brochs, or Pictish Towers, which in 
structure, function, and restricted distribution, have so many 
points in common with the nuraghi that both must be held as 
derivatives from the same architectural source. They are 
found distributed over a well-defined geographical portion of 
North Britain. Before they fell into ruins, some 400 might 

]6S CoMl'AI^M I\ !•; AlUH.lXJI.OOV. 

hv seen conspicuously douing- the inorc fertile straths and 
shorelands of the five northern counties, and the islands of 
Orkney, Shetland, and some of the Hebrides. Outside this 
area only a few sites have hitherto been recognised, viz., twa 
in I'^orfarshire, and one in each of the counties of Perth, 
Stirling, Midlothian, and Berwick. Their structural features 
are so unifornilv alike that it has been maintained that they 
were all built at the same time from one plan. The most per- 
fect of these structures now extant is the Broch of Mousa, 
which is thus briefly described in Prehistoric Scotland, p. 390. 
" It is built of dry-stone masonry, 50 feet in diameter 
and 45 feet high. .At some distance it looks like a truncated 
cone, but closer inspection shows il to be a circular wall, 15 
feet thick, and enclosing an open court, 20 feet in diameter. 
The outside wall-face slants a little inwards from base to top, 
but the inner is nearly perpendicular. An entrance passage, 
5 feet 3 inches high and 2 feet 1 1 inches wide, with jambs and 
lintels of flagstones, forming a kind of tunnel right through 
the wall, is the only access to the court. Four door-like 
openings may be seen on the wall facing' the court near the 
ground level, and about equidistant from each other. Three 
of these openings lead into o^■al-shaped beehive chambers, 
constructed in the solid* wall, and having their major axes in 
the direction of the curve of the wall. The other opens into 
a small recess U'om \\hich a spiral stair made of undressed flag- 
stones ascends to the top. On mcjunting the stair for 10 or 11 
feet we find that the surrounding wall, which up to this point 
is solid, with the exception of the beehive chambers alreadv 
referred to, now becomes split into two walls, leaving- a 
vacancy, about three feet in breadth, between them. At 
successive intervals upwards this inter-mural space is bridged 
over with fiagstones, thus dividing it into a series of galleries 
running round the entire building. The lower galleries are. 
Irom 5 to 6 feet high, but as we a.scend they diminish in 
height. The stair continues its spiral course to the top, in- 
tersecting these galleries, and thus gives access to them all. 
They are lighted from the interior by shallow openings or 
wmdows, which look into the court. No access to any part 
of this curious structure can be got, except by the passage on 

Comparative Arch.^<(jlogy. 169 

the gTound floor, about the middle of which there is evidence 
to show that it had been protected by a stone door barred from 
within. In other brochs there is usually a ^"uard-chamber 
on one or both sides of the entrance passage, constructed in 
the solid wall, after the manner of the beehive chambers." 

The chief points of difference in these structures are (i) 
the central area of the broch was an open court : that of the 
nuraghe was a central chamber with a beehive roof. (2) The 
spiral stair in the former led to the top of the building, and in 
intersecting- the g'alleries g"ave access to them : that in the 
latter also led to the top, as well as to a second chamber, 
provided there was a second storey in the tower. All the 
chambers in both building^s had been roofed on the beehive 
principle — a feature which alone shows more than a mere 
incidental connection. Beehive chambers, when constructed 
as huts in the open, are necessarily limited on architectural 
principles to small building-s only a few feet in diameter; but 
when surrounded by an accumulation of stones or earth they 
are capable of attaining- considerable dimensions. That 
known as the Treasury of .^treus, at Mycenae, measured 48 
feet in diameter and 48 feet in height. The invention of the 
beehive principle of roofing and arching- dates back to Neo- 
lithic times; but on the spread of Christianity into Western 
Europe the beehive hut was found to be so well adapted to 
the simple wants of the early Christians that it was utilised 
for monastic cells. The most perfect example of the primi- 
tive Christian cashel now to be seen is on the island of Skellig 
Michel, on the south-west coast of Ireland, which contains a 
church, an oratory, and several beehive huts — some of the 
latter being- still entire. 

Similar remarks as to the resemblances and differences 
between the different classes of megalithic monuments could 
'be greatly extended did space limits permit. Glancing at 
them as a whole, we see that while the British Isles arc the 
home of the orthostatic Stone Circles, France claims that dis- 
tinction for the dolmens, the number of which is estimated at 
4000, distributed over 78 departments, and of this number 
there are no less than 618 in Brittany. The larger chambered 
cairns and tumuli had entrance passages, generally constructed 

170 Comparative Arch.420LOGY. 

of flag-stone set on edge, characteristic specimens of which 
have been described at Uley (Gloucester), Stoney Littleton 
(Somerset), Park Cwn (Gower Peninsula), Achnacree (Argyll), 
Maeshowe (Orkney), New Grange (Ireland), etc., etc. But 
between dolmens, cairns, tumuli, barrows, etc., there is some- 
times no clear distinction — so much do they overlap in con- 
structive details. 

Vitrified Forts. — Among the forts, camps, huts, and 
other inhabited sites, I must restrict my remarks to vitrified 
forts, so called because their surrounding stone walls are 
partly cemented by a vitreous slag, caused by the external 
application of heat, which liquified the fragments of trap-rock 
in their structure — thus forming an excellent substitute for 
mortar. Hill-forts, with or without vitrifaction, were con- 
structed for defensive purposes, the wall following the contour 
of the summit, which it enclosed. The chief problem at issue 
is, therefore, to account for the raisoti d'etre of the vitri- 
faction, which, to a greater or less extent, is, or rather was, 
to be seen on the surrounding walls of some fifty stone-built 
forts scattered throughout the northern and south-western 
districts of Scotland. I have satisfied myself, from a practical 
examination of the more important examples in Scotland, 
that the vitrification was effected by the external application 
of fire after the wall had been constructed. The wall was 
composed of small stones, such as could be gathered around 
the site, and the sole object of firing it was to consolidate the 
loose stones into a uniform mass. All trap-rocks are readilv 
fused under a moderate heat without a flux, so that, with the 
addition of an alkali such as could be supplied by wood ashes 
or dried seaweeds, most of the stones could be converted into 
the pudding-stone appearance of the walls of vitrified forts. 
It is also noteworthy that vitrified walls are scarcely half ns 
thick as those great stone walls with well-built double facings, 
such as may be seen in the forts of Burghead, Forgandenny, 
and Abernethy ; so that, without some cementing element, 
the small stones could not be of permanent value as a defen- 
sive barrier, as they would soon fall asunder. 

Outside the Scottish area the distribution of vitrified forts 
is somewhat remarkable. Four are stated, on the authoritv 

Comparative Archaeology. 171 

of Dr Petrie, to be in the county of Londonderry, and one 
in the county of Cavan, Ireland. A few specimens have also 
been notified in Brittany, Normandy, Saxony, Bohemia, 
1 huring^ian Forest, and the Rhine district. 

Wooden Traps. — Of the smaller and more obscure relics 
of forgotten industries there is, perhaps, no more remarkable 
g^roup than those curious wooden machines — the so-called 
" Otter or Beaver traps " — which I first brought under the 
notice of the Society of Antiquaries of Scotland as early as 
1891 . Subsequently I gave full particulars of all that was then 
known on the subject in Prehistoric Problems, chap. vi. 

Shortly after my attention was directed to these traps I 
collected notes of nine or ten of them, all of which had been 
dug" out of peat-bog-s at different times and in widely distant 
localities. Since then many more specimens have come to 
lig-ht throug'hout \\ estern Europe. The conjectural functions 
assig^ned to them are fanciful to an uiiusual deg'ree. Two or 
three found in North Cicrmany were described as Otter-or 
Fish-Traps. A specimen turned up by a peat-cutter in 
North Wales was reg'arded by a high authority as a musical 
instrument. One from Ireland was held to be a fish-trap, a 
pump, a cheese press, and a machine for moulding peats. In 
Italy three newly discovered specimens were described as 
models of pre-historic boats. Carl Deschmann, Curator of 
Laibach Museum, labelled the two in his keeping as Biber- 
jdlle, because, in the lake-dwelling, near to which they were 
found, there was a profusion of beaver bones, but none of the 
otter. Other writers regarded these objects as traps for 
catching wild ducks. In Ireland, which has now yielded 11 
specimens, no remains of the beaver have been found in its 
post-glacial deposits, so that the beaver-trap theory cannot 
apply to the Irish machines. At the present time (1917) the 
recorded number of these traps amounts to 41, and their 
geographical distribution embraces Carniola, Lombardy, 
Germany (several localities), Denmark, Wales, and Ireland 
(three localities). 

These machines are so alike in their structural details 
that they must have been constructed on a uniform 
plan. Briefly, this consisted of a prepared block of 



wood, two to three feet in length, And perforated in the middle 
l)y an elonj-ated aperture (Fii;s. i and 2). Into this aperture 
a' valve, movable on projeclinjL;- i)iv()ls at one side, was ad- 
justed, so that when the aperture was open the valve stood 
at rig-ht ani,Hes to the surface of the machine. Over the valve 
an erastic rod stretched the whole lenoth of the i)ody, and so 
arran"-ed as to have a to and fro movement at each end. When 
the valve was open the rod was bent upwards, and to keep 
it in this position a bit of stick was inserted to which the bail 


Fig 1. — Wooden Trap (Ireland), Fnivalviilai- 

Fig. 2. — Wooden Trap (Laibaeh), Hivalvuiar. 

was attached. When an animal pulled the bait the bit stick 
gave way, and the valve closed with a bang, caused by the 
pressure of the elastic rod, and thus caught the otter, beaver, 
■or duck by the neck. Looking at the modus operandi of these 
ingenious contrivances, I find that they are divisible into two 
categories, according as the aperture is fitted with one (Fig. 1) 
<jr two valves (Fig. 2), the latter being simply a reduplication 
of the parts of the former. It is somewhat significant to find 
that all the traps hitherto discovered within the British Lsles, 
eleven in number, were unixalvular, while on the continent 
only one, now preserved in the Museum of Stettin, belonged 
to this category. 

Shetland Knives — All one-third actual size. No. 2 from Modesty; 
3 and 4 from the hoard of Esheness ; the rest from various 


Pkts' Knives. — In 1905 I presented lo the National 
Museum on behalf of their owner, R. C. Haldane, Esq. of 
Lochend, seven specimens of the so-called " Picts' Knives," 
or scrapers, peculiar to vShetland ; and later on I wrote a 
monojifraph on the Shetland knives from the standpoint of 
comparative archaeology, of which the present notice is a brief 
abstract (Proceed. S.A. Scot., vol. xl., p. 151). 

These seven knives were found at Esheness, Northmavine, 
while making a road in the year 1900, at a depth of nine inches 
in gravelly soil, from which a superincumbent growth of peat 
10 a depth of about four feet had been previously removed. 
The hoard contained 1 1 knives, but some were broken, and 
they were packed closely together with the edges uppermost. 
Mr Haldane secured seven, and the remaining four fell into 
the hands of Mr J. M. Goudie, Lerwick, who, a few years 
later, also presented them to the National Museum. 

A mere glance at these relics shows that they possess 
•certain qualities which place them in a special category among 
ancient stone implements. They are large thin blades made 
of volcanic rock, known as rock-porphyry, irregularly oval or 
subquadrangular in form, and highly polished on both sur- 
faces, with the margin of each ground to what may be called 
a cutting edge. Porphyritic rocks are abundantly met with 
in Shetland, and it would appear that all the implements in 
the Escheness hoard had been manufactured from the same 
quarry. Mr B. N. Peach, LL.D., F.R.S., informs me that 
this kind of rock, on long exposure to atmospheric agencies, 
breaks up into thin laminee, like slaty materials, so that in 
reality nature performs the first and most difficult stage in the 
manufacture of these knives — a fact which probably accounts 
for their restriction lo .Shetland. Their position under a depth 
of four feet of peat, together with a whitish layer of patina 
which covers them all over, gives them, prima facie, a claim 
to considerable antiquity. Though no two specimens are 
precisely alike, there is a general, indeed striking, resemblance 
between them all ; and only in one instance does the ratio 
between their longer and shorter diameters go beyond six to 
four inches — the exception measuring six by three inches. 

174 Comparative Arch.eology. 

Two of the Esheness group are fig-ured in Plate I., Xos. 3 
and 4. 

In siminiarising- the details of researches I made as to how 
far the characters of the Esheness knives corresponded with 
other recorded Shetland knives, the following was the result. 
Ten were hoards, each containing 4 to 16 knives, of which 25 
were in the National Museum, viz., Esheness 7, Uyea 4, 
Modesty 14. The total number then known was about 100, 
of which 52 were in the National Museum, 41 in the private 
collections of Messrs Cursiter and Goudie, and 8 in the 
museums of London and Copenhagen. 

The discovery of the remarkable find at Modesty, which 
is of special importance from the standpoint of chronology, 
was made known through Mr George Kinghorn, who writes 
as follows : — 

" While spending my holidays in Shetland, and residing 
at the house of Mr Laurence Laurenson at Modesty, about 
four miles north of Bridge of Walls post office, I was shown 
three stone axes and three large, oval, and polished stone 
knives found by his boys in a grassy knoll in front of his house. 
The knoll is about 20 yards long and 10 yards broad. On the 
east and west it slopes gently, and on the north abruptly, the 
ground being broken where the axes were found. 

The strata are composed of — 

(i) Grass, turf, and sandy peat, about 8 inches. 

(2) bellow peat ashes, about 5 or 6 inches. 

(3) Decomposed charred wood, about 4 or 5 inches. 

(4) Subsoil, red gravel and rock. 

The axes were found in the charred wood layer. About 
80 or 90 years ago, previous to his house being built, a bank 
of peat, about 4 feet thick, had been removed from the site of 
the house and the knoll, and this may account for the shallow 
depth at which the relics were found." (See Proc. S.A. Scot., 
vol. xxix., p. 49.) 

On making further search in the knoll, three vessels or 
urns of steatic clay, some more stone implements, and a pair 
of saddle quern-stones were found. Fragments of the so- 
called urns show that the pottery was about half-an-inch thick, 
and made of very coarse materials mixed with small stones 

Comparative Archeology. 175 

and what looks like stalks of withered grass. The entire relics. 
found in the knoll were g polished stone axes, 14 oval knives 
of differently coloured porphyrites, two masses of clay, ap- 
parently kneaded by hand, and frag-ments of charred 
fag-g-ots of wood, from i to i^ inches in diameter. 

With reg'ard to the Modesty site and its relics there are 
a few points that claim special attention. 

(i) The urns would seem to pre-suppose burial, but not 
necessarily, as they mig-ht have been used as vessels for 
domestic purposes. Hence, I sugg'est that the knoll was 
originally the site of a wooden habitation which had been 
destroyed by fire, thus accounting" for the amount of peat 
ashes and the embers of the fallen roof, which consisted of 
rafters supporting a covering of turf. 

(2) All the knives in the group, though nowhere thicker 
than half-an-inch, have the appearance of being coarser than 
their analogues elsewhere. They have also the peculiarity in 
some cases of having a thicker edge on one side, forming a 
back from which the blade gets thinner to a cutting edge — a 
fact which brings them under the category of semi-lunar tools. 
Moreover, the cutting edges have the further peculiarity of 
being retouched by chipping on one side (Plate I., No. 2), 
with the exception of one, which is chipped on both sides, like 
some of the flint knives of the Neolithic period. 

(3) As to the antiquity of the Modesty knives, the evident 
conclusion to be derived from the association of so many with 
axes of Neolithic types is that they date back to the Stone Age, 
whatever the chronological horizon of that period may be in 
these northern latitudes. 

(4) The removal of the superincumbent peat from the 
surface of the knoll suggests that the habitation came to an 
end before the locality had been over-run with peat. 

CoNCLUDiXG Remarks. — The purpose for which these im- 
plements were originally intended is still a matter of conjec- 
ture. It is clear from their slender make and liability to break- 
age that they could only have been u.sed for dividing soft 
material, such as skinning animals, etc. The practice common 
in Scandinavia during pre-historic times, of depositing imple- 
ments, weapons, and ornaments in lakes, bogs, and fields, as a 


ri-Iioious oltfi ini; to the (iocls, may .sug-y:est that some of tlu- 
IShethiiul tiiuls were oi" iliis nature; and this idea is strengtli- 
ened by llie careful manner in which the specimens in some of 
the buried hoards were arranged. 

As to their age, we have already seen that some of them 
were associated at INIodesty with implements of the Stone Age, 
which belonged to the period w hen a stunted arborescent vege- 
tation obtained in Shetland. Another important factor in this 
problem is the relation of the knives to the culture remains 
found in bruchs, whose chronological range extends for 
nearly looo years, beginning about the time of the final de- 
parture of the Romans from Britain. Notwithstanding the 
fact that Shetland contained close on a hundred brochs, it 
is regrettable that none have been sufliciently excavated to 
yield a typical collection of relics. But although none of the 
Shetland knives have hitherto been found among the 
debris of brochs, it does not follow that the inhabitants of the 
latter wer.e not acquainted with these unique implements. The 
spade alone can decide this question; but until this test is 
enforced by practical research there is presumptive evidence 
to show that the Shetland knives belong to the period which 
immediately preceded that of the Brochs. 

Stone Balls. — Among the more mysterious relics of 
bygone days peculiar to Scotland must be reckoned those 
spherical-shaped objects, generally known as Ornamented 
Stone Balls. It appears that previous to 1851 these objects 
were so little known that only one specimen was in the Scot- 
tish National Museum of Antiquities ; but at the present time 
their number is not far short of 200, three-fourths of which, 
including casts, are in the Museum, the rest being in other 
museums or in private collections. All the specimens hitherto 
known have been found within the Scottish area, with the 
exception of one said to have been found at Bally mena, Ire- 

Previous to 1874, when Dr John Alexander Smith con- 
tributed to the Society of Antiquaries of Scotland his ex- 
Tiaustive monograph on the subject {Proc, vol. xi), both Sir 
Daniel Wilson {Prehistoric Ajinals, 2nd ed.), and Sir John 
Evans {Ancient Stone Implements) had taken n -»tice of these 

CoMi'ARAi'iv'K Arch.-koi.ogv. 177 

balls, so far as they were then known. According' to the 
former authority, the circumstances in which they occur left 
no room to doubt that they belong- to the pre-historic period^ 
" and were held in esteem by the primitive races of Britain." 
He states that two were shown to him in 1850, " as part ol 
the contents of a cist recently opened in the course of farming- 
operations on the estate of Cochno, Dumbartonshire, one of 
which was made of highly polished granite, a species of rock 
unknown in that district." He also refers to another highly 
polished ball of tlint, found within a stone coffin along with a 
human skeleton, in a large cairn on the Moor of Glenquicken, 
Kirkcudbrightshire. The arm of the skeleton had been 
broken by a stone axe, of which a fragment still remained in 
the bone. 

On the other hand, Sir John Evans, after discussing the 
various uses assigned to the balls, comes to the conclusion that 
it was " m(jre probable that they were intended for use in the 
chase or war, when attached to a thong, which the recesses 
between the circles seem well adapted to receive." Their 
chronological range he thus defines : — " Whatever the pur- 
pose of these British balls of stone, they seem to belong to a 
recent period as compared with that to which many other 
stone antiquities may be assigned." 

Dr Smith classifies the stone balls into three varieties — 
first, those covered over all their surface with small round pro- 
jections ; second, those with circular discs, either plain or 
ornamental, which project from their surface; and third, those 
of a corresponding size with their surface more or less carefully 

After cateful analysis of all the balls then available, 45 
in number, as regards their provenance, ornamentation, and 
distribution by counties, he allocated them as follows : — 4 to 
the first class; 35 to the second; and 6 to the third. 

Dr Smith displays much ingenuity in support of " the 
opinion that, instead of belonging to Stone or Bronze Ages, 
or any such indefinite or ancient period, it was much more 
likely these curious stone balls might belong to the ancient, 
though comparatively historic, periods of the sculptured 

178 COMI'ARATIVK Ari M.i;ol.( )GY. 

Stones, those silver chains and brooches, and Cufic and Anglo- 
Saxon coins. " 

As to their use, he pubHshes a portion of the Bayeaux 
tapestry showing maces, carried by the Anglo-Saxons at the 
battle of Hastings, which had heads corresponding to some 
of the Scottish stone balls, from which he draws the following 
conclusion:—" These stone balls, in all their varieties, are 
therefore in all probability actually the stone heads of maces, 
which each man probably made and ornamented according to 
his own taste, and afterwards fastened to a stout and short 
cylindrical handle of wood, and had thus a most efficient 
weapon for defence and offence. 

If L)r Smith's inference holds good, is it not strangc_that 
not a single specimen of such weapons has hitherto been 
found, either in the vicinity of Hastings or anywhere south 
of the Scottish border? 

In the year 1907, i.e., ;'^t, years after Dr Smith's mono- 
graph appeared, I became interested in these balls, in con- 
sequence of having on two occasions to present to the 
National Museum a specimen on behalf of Mr Andrew 
Urquhart, headmaster of Rosehall Public School, Sutherland- 
shire. The first was picked up by Mr Urquhart at a funeral 
at Achness from the contents of the newly-opened grave 
(Plate II., Xo. 11). The second was found on a cultivated 
field on the farm of Contullich, Ross-shire. Both these balls 
have six raised discs, the only difference between them being 
that the discs on the sepulchral specimen are more rounded 
than those on the other. 

On looking over the records of "y^ balls noticed in the 
Proceedings of the Society (including purchases, donations, 
and exhibitions), and three described in the Reliquary (N.S., 
vol. iii., pp. 45 and 47), all subsequent to the publication of 
Dr Smith's monograph, and classifying them by counties, 
after his method, and then adding the two together, the fol- 
lowing was the result, which therefore approximately repre- 
sents their number and geographical distribution up to the 
year 1907 : — .Aberdeen, 56; Fife, 8; Perth and Moray, 6 each; 
Caithness, 5; Forfar, Banff, Lanark, Inverness, and Kincar- 
dine, 3 each; Orkney, -Argyll, Ross, Dumfries, Sutherland, 

Scottish Stone Balls— All one-half actual size. Nos. 1. 2, and 3 
Skaill Bay; 4 (bronze), Lanarkshire; 5, Sutherlandshire ; 6 
Nairn; 7 Moray; 8, Aberdeenshire; 9, Dumfriesshire; 10, 
Orkney , 11, from a grave at Achness, Sutherlandshire ; 12, Fort 
of Dunadd, Argyllshire. 

Comparative Archeology. 179 

and Wigtown, 2 each; Islay, Midlothian, Nairn, and Ireland, 
I each. Again, on tabulating them according to the number 
of projecting facets or discs, the following was the result : — 
58 with 6 discs, 18 with 4, 7 with 7, 5 with 12, 5 with 8, 4 with 
5, I with 3, 2 with 15, I with 12, i with a kind of foliage, and 
10 unclassified. One from Lanark is made of bronze and 
ornamented with a late Celtic pattern. The back and front are 
shown on Plate 11., No. 4. 

Recently the very improbable hypothesis thai the Scot- 
tish stone balls were " either trade weights, or at anyrate 
made in accordance with a trade-weight standard, the 
avoirdupois pound," has been advanced by Mr Wilfrid .Airy, 
B..A. {Proceedings of Institute of Civil Engineers, 1912). Mr 
Airy got 81 of these balls weighed, and, according to his state- 
ment, they appear to fall into four groups of ^, I, ^, and i lb. ; 
but by far the largest number belong to the i lb. group. Fol- 
lowing up this clue, another ingenious writer suggests " that 
they were used as poisers on weighing beams;" and in 
support of this theory he advances " thirteen specific good 
reasons " [Pro-c, S.A. Scot., vol. xlviii.). .As the earliest 
weights known consisted of grains of wheat and barley, it 
would be interesting to know how, and when, these were 
superseded by stone-balls. 

During August, 1913, Mr VV. Balfour Stewart, F.S..'\. 
Scot., and Professor Boyd Dawkins made excavations in the 
underground house at Skaill Bay, Orkney, the result of which 
is recorded (along with notes on the animal remains by Prof. 
Boyd Dawkins) in the Proceedings of the Society of Anti- 
quaries of Scotland, vol. xlviii. Among the relics discovered 
was a polished ball of basaltic rock (Plate II., No. 3), 
measuring 2f inches in diameter, and ornamented with an 
incised geometrical ornament of crossed lines, differing in this 
respect from the previously recorded ball from this dwelling, 
which was carved into small symmetrical knobs (Plate II., 
No. 2). The so-called second ball, found during the first 
excavations of this dwelling, was a real mace-head (Plate II., 
No. i), somewhat oval and flattened in shape, with projecting 
knobs and perforated for a handle. I see no reason for in- 
cluding it in the category of the ornamented stone balls. In 


1907 I thus (Jcscril)cd this object :— " In the same dwelling 
llierc was also an o\al stone with angular knobs, but it was 
perforated for a handle, thus reminding one of the well-known 
bronze macehcads so frequently found in this and other 
I^uropean countries, and which are regarded as products of a 
period later than thai of the Bronze Age, as they have been 
occasionally found associated with Roman and even medieval 
remains. " 

According to Professor Uawkins, the Scottish balls " are 
probably the heads of life-preservers, or of maces, attached to 
a more or less flexible handle with thongs, or with a covering 
of leather, cut so as to show the stone inside." He claims 
that the Skaill dwelling " was frequented after the introduc- 
tion of Christianity into the Orkneys by the missionaries of St. 
Columba in the last quarter of the sixth century." 

Thus, the opinions of every writer who has hitherto 
attempted lo explain the use and purpose of these Scottish 
balls are sufficiently divergent to harbour more than a doubt 
that the problem has not yet been satisfactorily solved. In 
mv opinion, there are just two lines of research w hich promise 
to throw any light on the subject. First, their geographical 
distribution ; and second, the evidence to be derived from the 
circumstances in which they were found, especially when asso- 
ciated with other works of man. 

(i) Their geographical distribution seems to me to have 
an ethnological significance that cannot be ignored, as it coin- 
cides in a striking- degree with the little we know of the Scot- 
tish area occupied by the Picts or Caledonians — a topic which 
might be more fully and profitably discussed here did space 

(2) With regard to the second line of research, let me 
remind you that hundreds of isolated relics, made of stone or 
metal, have been found in or on the surface, without a history ; 
but yet they fall to be correctly classified from the evidence of 
a few which had been associated with objects whose chrono- 
logical range had already been fixed. I have, therefore, jotted 
in tabular form the few instances I can find on record, which 
furnish any clue to the solution of the mystery in which they 

C()MPAR.\I'I\ !•: Akch.koi-ogv. 181 

arc now cnshroudetl. .\l anyrate, it forms a more rational 
working basis than more guesswork. 

List oi Stoxk Balls koind u\ Assoclvhon with oTiiicK 
Human Works. 

Oiif (6 discs), lound m Cairn Robin, Kincai-dinesliire. 

One (7 discs), foiuid in a tumulus on tlie farm of Budfield, in tlie 
parish ot Leochel-Cushnie, Aberdeenshire. 

One (6 discs) (Plate II., No. 8), found near Loohnagar distillery. 
Ballater, Aberdeen.shire, ''on the top of Craigbeg, where three 
short stone cists were also discovered. The stone ball was 
^ound about a foot from one of the cists. Each of the cists was 
surrounded by a circle of stones weighing 5 to 15 cwts.. the 
diameter of tlie circle was about 15 feet : these might probably 
be the retaining stones of a cairn which had formerly covered 
the stone cists." 

One (6 discs) " was discovered at Buckhall. Glen Muick, Aberdeen- 
shire, by labourers employed in making a new road, embedded 
in black mould, about three feet under the surface. This 
mould was contained in a scooped-out hollow in the rock, from 
6 to 7 feet in length by 3 feet in width, having much the appear- 
ance of a grave." 

One (4 discs), with Jironze Age oi'uamentation. was found when 
digging a drain in the parish of Towie, Aberdeenshire. The 
ornamentation on the Towie stone is somewhat similar to that 
on Plate II., No. 7. but the incised spirals on the former are 
more artistic and elaborate. 

One (6 discs), found near the Roman road in Dumfriesshire (Plate 
II., No. 9). 

Two from the Skaill Bay underground dwelling (already referred to). 

One (6 discs), found in the contents of a modern grave in the bury- 
ing graveyard at Achness (already noticed). (Plate II., No. 11.) 

Tlireei from graves at Ai-dkeiling. T'vlginshire, two with 8 and one 
with 12 projecting knobs (already referred to). 

One (6 discs) in a cairn at Old Deer, Aberdeenshire. 

One (6 discs), found near a stone circle in the parish of Irquhart. 

One (6 discs), found in a lield at Muckle Geddes, near a half- 
demolished tumulus. Nairnshire (Plate II., No. 6). 

One (4 discs), found in a cairn at East Braikie, Forfarshire. 

One (6 discs), found in trenching at Kilpheadar, Sutherlandshire, 
near some faint remains of a chapel (Plate II., No. 5). 

One (6 discs), found when cutting peats in the Moss of Cree, Wig- 
townshire. " among the gravel at the bottom of the moss." 

One (6 discs), found in a peat moss on the hill of Benicheillt, in the 
parish of Latheron. Caithness (Proc. S.A. Scot., vol. xv., 
p. 156). 


182 Comparative Arch.^ology, 

One (8 discs), found in digging close to the church tower of St. 
Vigeans, Forfarshire (Ibid., vol. xvi., p. 176). 

A greenish stone ball of serpentine, associated with an iron spear- 
head, was found in structures underneath the ruins of St. 
Tredwell's Chapel. Papa AYestray. Orkney (Ibid., vol. xvii., 
p. 137). 

One (4 discs), found on the top of Ben Tharsom. Ardross, Ross-shjre 
(Ibid., vol. xxxviii., p. 470). 

One (6 discs), found on the rock close to the inside of the wall of 
Dunadd Fort, Argyllshire, on its south side, and about 12 
inches beneath the surface (Plate II., No. 12). In this fort was 
a small circular disc of greenish slate " having the word nomine 
incised across the centre in letters somewhat resembling Irish 
minuscules." Also a large assortment of other relics, which 
may be dated as belonging to the sixth century. (Ibid., vol. 
xxxix., p. 311.) 

A stone ball broken nearly in half, with thirteen complete round 
knobs remaining, was found at the Bridge of Earn, at a depth 
of 9 feet (Ibid., vol. xlv., p. 315).* 

Of the remaining balls most are without a history, being^ 
Incidentally found in the beds of rivers, peat mosses, cultivated 
fields, etc. The specimen from the clay and gravel beneath 
the Moss of Cree, in Galloway, suggests a considerable anti- 
quity, as this locality has yielded the remains of a great forest, 
several heads of the Urus, deer horns of great size, canoes, 
stone and bronze celts, and a so-called Roman battle-axe 
(Proc. Soc. Ant. Scot., vol. v., pp. 20-29). Some of the 
ornamented balls, and nearly all the smooth polished speci- 
mens, as shown by the tabulated list, were associated with 
pre-historic burials ; while a few were, unequivocally, within 
the precincts of some early Christian churches. The contents 
of the Skaill underground dwelling, as Professor Boyd 
Dawkins has shown, bring the chronological range of the balls 
down to early Christian times — a fact which is also suggested 
by the relics associated with the specimen found in the fort 
of Dunadd. For these reasons I am inclined to believe that 
the Scottish stone balls were used as a badge of distinction 
m the performance of judicial and religious ceremonies, some- 

The " finds " in the above list to which no reference is given 
are all described in Dr Smith's paper to the Scottish Antiquaries 
{Froc, vol. xi.. pp. 29-62). 

Comparative Archaeology. 183 

what analogous lo the function assigned to the baton de com- 
mandement of the late Paheolithic period and the crozier of 
the subsequent Christian age — a survivalism which can be 
readily paralleled by other Pagan rites, which still linger in 
the ecclesiastical customs of to-day. 

I have purposely dwelt at some length on the function of 
these stone balls in Scotiish culture, because the discussion so 
forcibly illustrates the principles of comparative archaeology 
that further examples are unnecessary. There are many 
other archaeological topics that could be utilised for the same 
purpose. Indeed, all antiquarian relics should be subjected 
to the same treatment before we can be sure that we are in 
possession of the full role they have played in the history of 
civilisatioii. Comparative archaeology may. therefore, be 
defined as the ultimate phase of the inductive and analytical 
methods by which the dilettantism of earlier antiquaries ha.«; 
beert converted into the science of pre-historic archaeology- — 
a science now so well equipped to prosecute its special sphere 
of research on truly scientific lines. 

Some Observations on the occurrence of Culex Pipiens 
in 1917. 

By Rev. James Aiken, M.A., F.R.S.A. 

Culex pipiens is generally recognised as the type of the 
genus Culex and the family Culicinae. In the tenth edition 
of Systenia Naturae, p. 602, Linnaeus thus describes it : — 

" 224 Culex. Os aculus sitaceis intra vaginam flexilem. 
(Mouth with bristly stings inside a flexible vagina or sheath.) 
pipiens 1. C. cinerus, abdomine cumulis fuscis octo. " 

He appears to have intended this name to cover the com- 
mon sort of mosquitoes, whose habitat he gives as Europe, 
in Lapland especially numerous, furnishing in soire phices 
food for chickens, and refers to as also occurring in .'\merica 
and the Indies, but he excludes the type in which the female 
has long palpi, which in the same work he names hijurcatus, 
of which Europe is also the habitat. 

In modern times Linnaeus' pipiens is recognised as the 

IH-l' ()hSI;I^\ ATIONS ON Cri.F.X PlI'IKNS. 

Xorihorn JuiroiJcan type- of (he common house mosquito, which 
seems to have estabhshcd races slightly differing one from 
another over a world-wide rang-e. Linnaius' second species, 
.hijurciiiiis, is now identified with the genus Anopheles, and is 
the i\]X' iA ihe malaria-carrying insects which have been 
grouped under this name. 

Both species are known to occur in the United King-dom, 
and the prevalence of ague in the Fens and some other parts 
ol \hv kingdom at one time has recently been ascribed to the 
agencv of Anopheles. The general improvement of drainage 
in tlic last half ccntur)- has practically done away with their 
iM-eeding places, or, at least, reduced them to such an extent 
thai thev could no longer function in this way, and malarial 
ague has disappeared. 

Both species may, however, still be found, and my atten- 
li(Mi was attracted specially during the summer months of 191 6 
to the prevalence everywhere I went of the pipiens mosquito. 
Its hibernating habit was recorded in igoo from Shrewsbury, 
where in the month of January it was observed resting in 
cellars and other sheltered nooks, found on the wing in March, 
observed biting in April, and s\\arming outdoors from June 
till October. 

It is probably the fertilised female only which survives 
through the winter, and at the first opening of ponds and 
water-holes lays her eggs in places where they may develop 
and successi\e generations rapid)}- follow-, b}' which the multi- 
plication of the species is secured. The eggs are laid in the 
lorm of a raft, some 80 to 100 eggs in a boat-shaped mass are 
extruded and Hoat on the surface. The larva' break their way 
from the eggs and escape into the w^ater, in which they move 
freely about, diving for food and again coming to the surface 
lor air, which is breathed through the air syphon which pro- 
jects almost at right angles from the precaudal segment, on 
the dorsal side. This stage lasts seven days, or under dis- 
advantageous conditions a few days longer, Pupation then 
lakes place, and in a few days the adult mosquito emerges, 
and after a short rest to dry the wrings, sails off in .search of 
blood or amours according to sex, for it is the female alone 
which seeks a meal of blood and so makes herself a pest To 


humanity. The male is of a gentler disposition, and if he 
feeds at all, it appears that he affects only the nectar from ripe 
fruits or similar amhroslal dainties. 

My personal observations of and experiments with many 
different species confirms the generally accepted fact, though 
observations of males biting and sucking blood have been 
recorded. Such observations lack confirmation. Certain 
species, it may be noted, amongst which is a British Guiana 
species of Aedeomyia, have not been observed to bite at all. 
This applies to both sexes. I have, however, found this 
species on the curtains in my bedroom at times, and suspected 
that in the darkness she may possibly be more adventurous 
than in the light. Examination of the stomach, however, has 
never shewn any blood contents. 

There is, however, no doubt about the blood lust of our 
British species. 

So far as I have been able to ascertain, no authentic record 
of the identification of mosquitoes in Dumfries and Galloway 
exists prior to my publication of their occurrence at Spring- 
holm in the present year. There appears, however, to have 
been a current opinion that at times the annoyance experi- 
enced by labourers in the harvest fields was due to this insect, 
and this opinion may perhaps be well founded. 

My attention was first drawn to their presence in Spring- 
holm by seeing one on the wing near an outhouse of the hotel 
in which I was staying for a few weeks in .'\ugust and Septem- 

The first specimen, taken by a sweep of the hand, was in 
a somewhat crushed condition, but was clearly a mosquito of 
Culex type. I had fortunately some glass bottomed boxes in 
my kit, and later with these I caught specimens in good con- 
dition, which I identified as Culex pipiens. This identification 
was afterwards confirmed by Professor R. Newstead, F.R.S. , 
and Mr C. J. Gahey, of the British Museum. I immediately 
began a search for breeding places, and came upon a tub of 
w^ash in which sheep manure had been collected. In the thick 
fluid superincumbent were a number of pupae, vigorous and 
lively, but, so far as I could find, no larvae. From the pupse 

186 Observations on Cllex Pipiens. 

1 bred out several adults, and sent a male and female to the 
Dumfries Museum. 

My article in the Dumfries and Galloway Standard 
elicited some remarks from the Editor and correspondents, 
which seem to indicate the common occurrence of mosquitoes 
in large numbers in the neighbourhood of Castle-Douglas and 
elsewhere in the county. 

Later in the year I found this same species on the wing 
in Broxburn, near Edinburgh, and in Tow Law, in Durham 
County. In the latter place I was succssful in finding, in a 
moss pool into which stable wash drained, a number of larvae, 
from which I bred several adults. 

A tropical congener of pipiens. known as C. fatigans 
{quinque faciatus Say), is a carrier of filaria, and mosquitoes 
of the same group are known to be the intermediate hosts of a 
number of spirochaltes, some of which are of pathological 
importance. The presence of these insects is therefore always 
of interest, and, when sufficiently numerous, it only requires 
the simultaneous presence of an organism noxious to man or 
beast of which they may be intermediaries to raise them to 
the status of dangerous enemies to his comfort and well-being. 
It is therefore desirable that attention should be given to their 
occurrence and frequency, and to the places where they breed, 
even in times when their numbers are comparatively insignifi- 
cant, so that any dangerous multiplication may be dealt with 
promptly should the need for steps to suppress them be demon- 
strated or slispected. The habitat of the larvae of the Culex 
species, where preventive measures should begin, is indicated 
in the character of the breeding places described in this paper. 
Collections of foul water not far from dwelling-places are the 
first which should be inspected and dealt with, either by demo- 
lition or, if that is inconvenient, by spraying with oil at inter- 
vals of seven days. It may be generally said that the occur- 
rence of numerous small collections of water is more favourable 
tp the multiplication of this mosquito than a few large col- 
lections. The Anopheles differs in its selection of a breeding 
place in so far that it prefers clean water. The presence of 
algae is favourable to its multiplication, however. In larger 
sheets of water it may be found developing successfully in the 

Observations on Culex Pipiens. 187 

shelter of grass or weeds near the sides, where the larvee find 
protection from the attacks of small fish. Measures for de- 
struction to be economical must always be g-uided by a know- 
ledge of the character of the district and the haunts favoured 
by the insects. Otherwise there may be great waste of labour 
in draining or filling water containing areas which are for one 
reason or another innocuous. 

21st December, 1917. 

Carlyle at Craigenputtock. 
By Mr D. A. Wilson, M.A. 

[It is much to be regretted that this valuable piece of 
work, which will form a part of Mr Wilson's forthcoming 
Ijook on the Life of Carlyle, cannot, from limitations of space, 
be included here. A verbatim report of it appeared in the 
Dumfries Courier and Herald of December 26th, 2gth, igijy 
and January 2nd, 1918. ] • 

Some Documents Relating to the Parish of Glencairn. 

By Sir Philip J. Hamiltox-Grierson. 


The abstracts here printed have been made from tran- 
scripts of documents in the possession of Thomas Vule, Esq., 
W. S. , and were made by him with a view to publication. 
Mr Yule lent the transcripts and permitted in cases of doubt or 
difficulty a comparison to be made of them with the originals. 
These documents — fifty in number — give a great deal of valu- 
able information regarding the families who inhabited the 
parish- of Glencairn in the 15th and 16th centuries; and the 
Society is much indebted to Mr Vule for his courtesy in placing 
them at its disposal. 

188 Some Docimems Ri:i.aii\g to (ir.ENrAiRN 



Precept of sasine directed by J(jhn Forster of Crawfurd- 
stoun to Cuthbert Moniorson, Robert Rogerson, and Thomas 
Rogerson to infeft Matthew Ferguson, eldest son and apparent 
heir of Thomas Ferguson of Cragdarrroch, and Elizabeth, 
daughter of John Menzies of liinauch, and the survivor and 
the heirs of their marriage, in the five merkland underwritten, 
lying in the lordship of Crawfurdstoun, — viz., the two and one 
half merkland of ConralU and the los land of the place of 
Craigdarroch, and j^s 4d of the lands of Domycall.^ Dated 
at Carntoun, 21st March, 1454-5. 

Instrument of sasine in the five merkland of Bardenach, 
lying in the barony of Glencarne and sheriffdom of Drumfreis, 
in favour of .Alexander Roresone [by Thomas M'Clameroch, 
sergeant of the barony of Glencarne, sent for that purpose by 
Sir. Robert Crechtone of Sanquhar, to whom a precept had 
been 'directed by Alexander of Cunynghame, lord of Kilmauris 
and baron of the said barony. Sir Robert being "' eme " of 
the said Alexander of Cunynghame, which narrated that the 
latter had seen and found sufficient a letter of retour belong- 
ing to the said .\lexander Roresone regarding the said lands. 
Dated at Kilmauris, 12 May, 1455]. Done at the chief 
messuage, 15th May, 1455. Witnesses : Cuthbert Malmor- 
sone and Ninian, his son and heir, Richard Edgar and Uchtred, 
his son and heir, John Stewart, William of Maxwell, David 
Stewart and Robert, his son and heir, Thomas of Schutling- 
lone of Stanehous and his son and heir, Dungatl Rorysone, 
Cuthbert Rorysone, William Rorysone, Gilbert Rorysone, 
Gillespie Makracht, and Donald Makgachyn of Dalquhat. 

.\'otarial instrument narrating the resignation by Andrew 

1 Conraith, see (20) below. 

2 Probably Dungallis mark and some adjacent land, see ("20) 
below . 

Some Documents Relatixg to Glencairn. 189 

Nicoll, procurator of Sir John M'^Ilhauch, chaplain of the chap- 
laincy of William Hawissoun in the burgh of Drumfreis, of a 
tenement within the said burgh, in which Thomas Broustar 
formerly resided, situated between the tenement of Allan Glow 
and that of Gilbert M^Ilduf, into the hands of the notary, who, 
at the recjuest of the said Andrew, gave sasine thereof to 
Elizabeth, spouse of Thomas Ferguson of Cragdaroch and 
her heirs, for an annual payment of 4s to the chaplain for the 
time being. IJone in the said tenement, 24th July, 1461. 
Witnesses : John \'elch, Robert Gibson, and Gilbert M*^Ilduf. 


Precept of sasine directed by Alexander, lord of Kilmauris 
and lord of Glencarne, to Sir Robert Crechtone of Sanquhare, 
his bailie, to give sasine of the five merkland of Barndavvnach, 
lying in the barony of Glencarne and sheriffdom of Drumfreis, 
to Alexander Rorison, according to the terms of the charter 
granted to him by the said Alexander lord Kilmauris. Dated 
at Edinburgh, loth May, 1471. Witnesses : Archibald 
Cunynghame, the granter's brother, David Cathkert, Matthew 
Fergusone, Alexander Cunynghame, Robert Cunynghame, and 
Matthew Cunvnghame. 


Notarial instrument narrating the resignation of the lands 
specified in No. 4 into the hands of Alexander lord Kilmauris, 
and sasine thereof of new by the latter in favour of the former. 
Done in the house of John Thryne " in villa " of Edinburgh, 
I ith May, 1471. 


Instrument of sasine granted by Matthew Fergussone, 
lord of Cragdarache, in favour of Archibald of Douglas, 
brother german of William Douglas of Drumlanrige, in the 
two merkland of Jarburgh with the tower and manor place of 
the same, together with the 20s land commonly called the 20s 
land above Cragdarache, called the Cukstoune, and the upper 
merkland of Cragly.^ Done in the hall of the said place of Jar- 
burgh, 26th April, 1475. Witnesses : Sir John Amuligane, 

3 Cragne, see (38) below. 

rjO Some DocrMRMs Ri'Lating to Glenxairn. 

vicar of Glcncarne, Thomas Ferg-ussone, chaplain, Patrick 
Anderson, Finlay Fer<fussone, and John McCayn. 

Instrument of sasine by Robert Crechtoun of Sanchare 
and baron of the barony of Crawfurdston in favour of John 
Fergussoun, son and heir of Matthew Fergussoun of Carg- 
darach, and his heirs in the lands of Jarburghe, lying within 
the said barony and sheriffdom of Drumfreis. Done at the 
chief messuage of Jarburghe, 30th April, 1483. Witnesses : 
Robert Crechtoun, son and heir apparent of Edward Crechtoun 
of Kyrkpatrik, Thomas Crechtoun, John Crechtoun, son of 
the said Edward, Gilbert Blak, and John Barbur, notary public. 

Instrument of sasine by Robert Crechion of Sanchare and 
baron of the barony of Crawfurdstoun in favour of John Fer- 
gussoun, son and heir of Matthew Fergussoun of Cargdarache, 
in the lands of Cargdarache, lying within the said barony and 
the sheriffdom of Drumfreis. Done on the said lands, 30th 
April, 1483. Witnesses : Robert Crechtoun, son of Edward 
Crechtoun of Kyrkpatrik, Thomas Crechtoun, John Crechtoun, 
son of the said Edward, Gilbert Blak, John Barbur, John Fer- 
gussoun, Thomas M°Chowbey, and Sir John Barbur, notary 

Instrument of sasine by Alexander Chownynghame of 
Kylmawaris and baron of the barony of Glencarn, in favour of 
John Fergussoun of Cragdarauch and his heirs in the lands of 
Kadildacht'' and Blarache,^ lying within the said barony and 
sheriffdom of Drumfreis. Done on the lands, 2nd June, 1484. 
Witnesses : Thomas Kyrkpatrik of Closbowrne, Robert Char- 
teris of Amisfeld, William Douglas of Drumlanrig, Royger 
Grerson of Laag, William Setlenton of Stanhous, and Alexan- 
der Chov^-nynghame. 

4 Caitloch. 

5 Blairoh. 

Some Docitmexts Relating to Glencairn. 191 


Instrument of sasine by Duncan fergussone [on a precept 
of sasine directed to him, John Grersone and Robert Crechtoun 
by Robert lord Crechtoun of Sankqhar and lord of the barony 
of Crawfurdston, dated at Sankqhar, 6th June, 1489], in 
favour of John Fergussoun of Crag-darach and Elizabeth 
Doug^las, his spouse, in conjunct fee, and the survivor and the 
heirs of their marriage, in the five merk and 40 penny land, 
viz., the two merkland of Jarburch, the 10s land of Kuykland, 
the 20s land adjoining- the Kuykland, and a merkland called 
the chapelland, lying in the said barony and sheriffdom of 
Drumfreis. Done in the hall of the manor of Jarbruch, 13th 
February, 1489-90. Witnesses : James Douglas of Auldtoun, 
George Douglas, younger, William Douglas, son and heir 
apparent of James Douglas of Drumlanrig, Duncan Hunter, 
James Wallange, John Ker, and Thomas Nevyn. 

Notarial instrument . narrating resignation of the lands 
specified in No. 10 by John Fergussone of Cragdarache into 
the hands of Robert lord Crechtone, and sasine thereof by the 
latter in favour of the former and his wife in conjunct fee, and 
the survivor and the heirs of their marriage. Done in the 
manor of Teregulis, 3rd June, 1489. Witnesses : Robert 
Charteris of Amisfelde, Edward Crechtone of Kyrkpatrik, 
Robert Crechtone, his son and heir, and Robert Doglas. 


Charter of the merkland of Gargonane and the los land 
of Creachane, lying within the lordship of Creachane, com- 
monly called the los land marching with the lands of Strons- 
chillaucht, lying within the barony of Glencarn and sheriffdom 
of Drumfreis, granted by John Dynnoirte of Creachane in 
favour of Andrew Rorisone of Bardanacht for a price paid of 
which receipt is acknowledged, to be held of the granter and 
his heirs for the annual payment of a silver penny if asked for. 
Dated at Drumfreis, 4th March, 1498-99. Witnesses : 
William Cunynghame, bailie of Drumfreis, Edward Maxwell 


Some Docl-ments Relating to Glencairx. 

of Kylbanc, Henry Xeilsone of Madynpap, Thomas Makbyrne, 
lohn Welclie of lai-gquhryiK-,^ petir dynnome, the gfrantqr's 
son and heir apparent, and master John Makcolme, rector of 

Instrument of sasine by Duncan Fergussoun [on a pre- 
cept of sasine directed to him, John Rorisone and John 
Greyersone by John Dynnome of Creachane, dated at Drum- 
freis, 4th March, 1498-99. Witnesses: The same as in No. 
12 J in favour of Andrew Rorisone in fee and heritage in the 
lands specified in No. 12. Done at the chief messuage of the 
lands, 5th March, 1498-99. Witnesses : Mathew Fergussone, 
John Greyrsone, fergus Fergussoune, son-in-law of John 
Dynnome of Creachane, Maurice Makclameracht, elder of 
Maxweltoun, John M'Crerik, and Thomas Huntar. 


Precept of sasine by John Dynnome of Creachane to John 
Rorisone, John Greyrson, and Duncan Fergussone, to infeft 
Andrew Rorisone of Bardanacht in the lands specified in No. 
12. Dated at Drumfries, 4th March, 1498-99. Witnesses as 
in No. 12. 


Precept of clare constat directed to Robert Crechtone of 
Kirkpatrik, George Grersone, Phillip Cunynghame, George 
Cunynghame, his son, and Gilbert Grersone, by William 
Cunynghame, son and heir apparent of Cuthbert, earl of 
Glencarne, lord Kilmaweris, subject to the tutory of the said 
carl, and lord of the fee and barony of Glencarne, and the 
said earl, lord of the free tenement of the said lands and 
barony, to infeft Cuthbert Greirsone of Lag, son and heir of 
umquhile Roger Greirsone of Lag, in the lands of Terrarane, 
Corodow, Cormuligane, Murmulzeane, Croftane, and Mar- 
ganyde. The precept narrates that the lands were held of 
the granters m capite, and had passed into their hands by 
reason of the death of Isabella Gordoune, spouse of the said 

6 Perhaps " Dalquhargzeane " (see Hisiorical MSS. Gemm. 
AT. Report, App.. Pt. viii., 65). 


Roger, she having- held the same with hlni In conjunct fee. 
Dated " apud clvltatem glasg-uen," 3rd February, 1506-7. 

Charter of the two and one half merkland of Barbuye, 
lying in the parish of Glencarne and sheriffdom of Drumfreis, 
by Michael Lyndesay of Fargarth and of the lands of Bar- 
buye, with consent of Herbert Lindsay, his son and heir 
apparent, in favour of Andrew Roresone of Bardanach, his 
heirs and assignees, for a price paid, of which receipt is 
acknowledged, to be held from him and his heirs of the King- in 
fee and heritage, for the usual services to the King. Dated 
at Edinburgh, i3fh August, 1507. Witnesses : John Crech- 
toun of Hartwod, John Maxwell of Ardre, Roger Lindesay, 
Thomas b'ergussoun, John Wallace, John Gray, and James 
\'oung, notaries public. 

' ' M 

Precept of sasine directed to Robert Crechtoun of Kirk- 
patrik, John Rorisone, and Thomas Fergussoun, by Michael 
Lindesay of Fargarth and Barbuye, to infeft Andrew Rorisone 
of Bardanach in the lands specified in No. 16. Dated at 
P^dinburgh, J4th August, 1507. 


Instrument oi sasine following upon Xo. 17. D(jne in tin- 
chief messuage of the lands, viz., " in loco habitationis " of 
Thomas Fergussoun, 22nd August, 1507. 

(liarter of conlirmalion of the four merkland of Jarburgh 
and Drummakcallane, lying in the barony of Crawfurdstoune 
alias Balmakane, by Robert lord Crechtoune of vSanchare and 
lord of the said barony, in favour of John Fergussoune of 
Cragdarrach. The charter narrates that John Fergussoune 
had held these lands of lord Crechtoune " hereditarie in 
capite," that the lands of the whole barony had passed into 
the King's hands by recognition, the greater part having been 
sold without his consent or confirmation, and had been for- 
feited as set forth in a decree of the Lords of Council, and 

194 Some Docimexts Relating to Glen-cairn. 

that lord Crechloune had made composition with the King 
and his treasurer for new infeftment, and had obtained full 
permission to alienate the lands previously alienated and to 
infeft the former holders therein, to be held from him for the 
usual services. Dated at Edinburg-h, i.^th May, 1508. Wit- 
nesses : John Crechtoune of Hartwod, Robert Crechtoune of 
Kirkpatrik, Master William Crechtoune, rector of Kirk- 
mechall, Robert Ualzell of Budhous, Edward W'allnce, 
Thomas Fercfussoune, and Edward Kirkpatrik. 

Precept of sasine directed to John Crechtoun of Hartwod, 
Thomas Fergussone, and Thomas Craik, by Robert lord 
Crechtoun of Sanchare and lord of the barony of Crawfurd- 
stoun alias Balmakane, to infeft John Fergussone of Crag- 
darrach in lands extending to eleven merks and 10s, and the 
two mills thereof, viz., the two and one half merkland, com- 
monly called the conraich, a merkland called the chapel mark, 
a 20s land called the 20s land, and 8s land called the Cuke- 
toun, a los land called Cragdarrach, a merkland called 
Dalchonie, a merkland called the Dame, a merkland called 
Dungallis mark, and a 32s land called the Neis and Graynes,^ 
with their two mills — a corn mill and a waulk mill — lying 
within the said barony and sheriffdom of Drumfreis. These 
lands had been forfeited and restored, as narrated in No. 19 
above. Dated at Edinburgh, 14th May, 1508. 

Instrument of sasine following upon No. 20. Done at 
the chief messuage of Cragdarich, 25th May, 1508. The 
witnesses names are not civen. 

Precept of sasine directed I0 John Crechtoun of Hartwod, 
Thomas Fergussoune, and Thomas Craik by Robert lord 
Crechtoune of Sanchare and lord of the barony of Crawfurd- 
stoune alias Balmakane, to infeft John Fergussoune of Crag- 

7 In No. 42 below these lands are said to be a 42s land. 

Some Documents Relating to Glencairn. 195 

darrach in the four merkland of Jargburjjh and Drummak- 
callane, lying- within the said barony and sheriffdom of Drum- 
freis, which lands had been held of lord Crechtoune in capite 
and had been forfeited and restored, as narrated in No. 19. 
Dated at Edinburgh, 14th June, 1508. 

Precept of sasine directed to Thomas Cunynghame, Cuth- 
bert Fergusson, and John Setlington of Stanhouse by Sir 
William Cunynghame, son and heir apparent of Cuthbert, earl 
of Glencarne, and lord of the fee of the earldom and barony 
of Glencarne, with the earl's consent, to infeft Andrew 
Rorisone of Bardanach in the five merkland of Bardanach, 
lying within the said earldom and barony and sheriffdom of 
Drumfreis. The precept narrates the recognition and for- 
feiture of the lands of the said earldom and barony which had 
pertained to Sir William in fee and to the earl and M-arion 
Douglas, his spouse, in liferent, and the new infeftment of Sir 
William by the King with authority to give infeftment to the 
holders of the lands before the said recognition and forfeiture, 
of whom Andrew Rorisone was one. Dated at Drumfreis, 
28th January, 1511-12. 

Charter of (iontirmation of the five merkland of Bar- 
dannach, which had been the subject of recognition, as 
narrated in No. 2j,, by Sir William Cunynghame, son and 
heir apparent of Cuthbert, earl of Glencarne, and lord of the 
fee of the earldom and barony of Glencarne, in favour of 
Andrew Rorisone of Bardanoch, for the usual services. Dated 
at Edinburgh, 28th January, 1511-12. Witnesses: Master 
Christopher Boid, vicar of Stevynstoun, Thomas Cunyng- 
hame of Pacokbank,^ Alexander Cunynghame, son and heir 
apparent of Alexander Cunynghame of Ross, Robert Cunyng- 
hame of Haikhed,^ George Cunynghame in Castelfarne, 
Oswald Cunynghame, his brother german, and Archibald 

8 Perhaps " Paddokbank." 

9 Aikhed. 

196 SoMF Doci Mii.MS Relating to Glencairx. 

Inslrumenl of sasinc following- upon No. 2;,. Done at 
the chief messuage of Bardannach, 14th February, 1511-12. 
Witnesses : .Vndreu Rorisone, junior, Cuthbert Rorisone, 
Stephen Fergussonc. John Makconnell, Lawrance Fcrgussone, 
and [ohn W'attison. 


Charter of confirmation of the lands specified in No. 15, 
granted by Sir William Cunynghame, son and heir apparent 
of Cuthbert, earl of Glencarne, and lord of the fee of the 
earldom and barony of Glencarne, narrating the recognition, 
forfeiture, and restoration of the barony as in No. 23, in 
favour of Cuthbert Grerson of Lage and his heirs for the usual 
services, together with ward, relief, and marriage. Dated at 
Glencarn, 8th August, 151 2. Witnesses: Thomas Cunyng- 
hame, George Cunynghame of Castelfarn, Oswald Cunyng- 
hame, and Thomas Grerson. 

Instrument of sasine by Gilbert Grerson on a precept of 
sasine directed to him, Roger Grersoun, George Grersoun, 
and John Grersoun, by W^illiam Cunynhame, lord of the fee 
of the barony of Glencarne, and Cuthbert earl of Glencarne, 
lord Kilmawaris, lord of the free tenement of the said barony, 
in favour of Cuthbert Grersoun of Lag, whose brother Roger 
acted as his bailie, in the five merkland of Trewrerane, and 
the seven and one half merkland of Crowchdow, Murmullich, 
Cormilligane, and Marganady, lying within the said barony 
and sheriffdom of Drumfreis, which lands had been held by 
the said Cuthbert Grerson before the recognition, etc., nar- 
rated in No. 2T,. Done at the chief messuage of the lands of 
of Trewrerane, in the house of umquhile John Grersoun, 8th 
October, 1512. Witnesses : Gilbert Grersoun, George Grer- 
soun, John Grersoun, Donald M^Caig, Fergus Edzare, 
William M^Caw and Nevin M^^Connell. 


Procuratory of Resignation by Peter Dennum of Croquhan 
to resign into the hands of William Cunynghame, lord of the 

Some Dociimic.n is Rei.aiiiNx; to Glencairn. 1!)7 

fee of tlie liarony of (ilencarn, and Cuthbert, earl of Glencarn, 
lord Kilmawris, and lord of the free tenement of the said 
barony, the merkland of Gary^onane, the los land of Gar- 
i^onane immediately adjacent, the merkland of Lochintore, the 
one merkland of Craj^ney, and the one merkland called the 
litill merkland, lying- within the said barony and sheriffdom 
of Drumfreis, which the said Peter held in capite of the said 
A\"illiam and the earl his father. He appointed as his pro- 
curators John Creichtoun of Hertwod, Thomas Gourlay, 
burgess of Edinburgh, Cuthbert Rorison, Gilbert Momerson^ 
Francis Cunynghame, Archibald Gardinare, and John Fer- 
gussone of Cragdarroch, to resign the said lands in fav-^our 
of Andrew Roryson of Bardanach and his heirs. Dated at 
Edinburgh, 8th April, 1513. Witnesses : Sir William 
Douglas (jf Drumlanrig, James Maitland of Auchingassill, 
Hug-h Somervill, Ninian Monerson of Strowane,^^ William 
Maitland, and John Maitland. 

Instrument of sasine by Sir A\^illiam Cunynghame and 
the Earl, his father, in favour of Andrew Rorisone of Bar- 
danoch, in the lands specified in No. 28, which had been 
resigned into their hands by Peter Dennum of Creachane. 
Dated at Edinburgh in the house of the earl, 22nd July, 1513. 
Witnesses : Sir William Douglas of Drumlanrig, Roger 
Greirsone of Lag, Laurence Greirsone of Kirkbridrig^, 
Kcntigern Elklis of that Ilk, Cuthbert Fergussone, Alexan- 
der Langmure, and Master Cristopher Boid, notaries public. 

Charter of confirmation of the lands of Cadlltaich^^ by- 
Sir William Cunynghame, son and heir apparent of Cuth- 
bert, earl of Glencarne, and lord of the fee of the earldom 

10 Perhaps another fbrm of " Arynstix>ane " mentioned in 
January. 1506-7, as occupied by Ninian Mowmersoun (RMS., ii., 
3025), or " Arstroau," of which Cuthbert Momerson seems to have 
been laid in 1472 (Historical MSS. Comm. XV. Beport, App., 
Pt. viii. 35). Ninian was son of Cuthbert, see No. 2 above. 

1^ See No. 9 above. 

r.)8 Some Documents Relating to Glencairn. 

and barony of Glencarne, in favour of Thomas Fergussone 
of Crag-darroch, who had held the lands before the recog- 
nition and forfeiture narrated in No. 22,, for the usual ser- 
vices, with ward, relief, and marriage. Dated at Edinburgh, 
23rd July, 1513- Witnesses : Sir William Douglas of Drum- 
lanrig, Alexander Hammyltoun of Colirskeych,i2 Master 
Christopher Boid, vicar of Stevyngstoune, Robert Cunyng- 
hame, Thomas Fergussone, Alexander Maknele, clerk, John 
Gray, and James Zoung, notaries public. 


Precept of sasine directed to George Cunynghame, 
Oswald Cunynghame, and Cuthbert Fergussone by Sir 
William Cunynghame, son and heir apparent of Cuthbert, 
earl of Glencarne, and lord of the fee of the earldom and 
barony of Glencarne, and the said earl, lord of the free 
tenement of the same, to infeft John Fergussone of Crag- 
darrach in the ;£.^ lands of Erblary, Benboye, and Larclachy, 
lying within the said barony and sheriffdom of Drumfreis, 
which lands the said John had held before the recognition 
and forfeiture narrated in No. 22,- Dated at Edinburgh, 
23rd July, 1513. 


Charter of confirmation of the lands specified in No. 31 
by Sir William Cunynghame and the earl his father in favour 
of John Fergussone of Cragdarroch. Dated 30th July, 1513. 
Witnesses : The same as in No. 30. 

Charter of confirmation of the lands specified in No. 28, 
being a four merkland and a los land of Creachane, by Sir 
William Cunynghame and the earl, his father, in favour of 
Andrew Roresone of Bardanoch, for the usual services, with 
ward, relief, and marriage. Dated at Edinburgh, 23rd July, 
1513. Witnesses: Sir William Douglas of Drumlanrig, 
Roger Greirsone of Lag, Laurence Greirson of Kirkbridrig, 
Kentigern Eklis of that Ilk, Cuthbert Fergussone, .Alexander 

^ Commiskeith. 

Some Documents Relating to Glencairn. 199 

Langmuir, Master Christopher Boid and John Gray, notaries 

Instrument of resignation of the lands specified in No. 33 
by Petir Dennoun of Creachane into the hands of Sir William 
Cunynghame and the earl, his father, in favour of Andrew 
Rorisoun of Bardanoch. Done in the chamber of the manor 
place of Bardanoch, nth August, 1513. Witnesses: Cuth- 
bert Fergussoun, Thomas Reyd, Walter Reid, Thomas 
M^^Crerik, John Lowre, and Andrew Lowre. 

Instrument of obligation by Peter Dennoum of 
Creachane, by which, after narrating the instruments Nos. 
^T, and 34, he bound himself to warrant Andrew Rorison of 
Bardanoch in the peaceable possession of the lands granted 
to him by No. t,i,. Dated at the manor place of Bardanoch, 
nth August, 1513. Witnesses : Cuthbert Ferguson, Andrew 
Lowre, Thomas Reyd, Wat Reid, Thomas M^Crerik, and 
John Reid. 

Instrument of sasine by Cuthbert Fergussoun, on a 
precept of sasine directed to him, George Cunynghame, 
Oswald Cunynghame, and Roger Gordoun by Sir William 
Cunynghame, son and heir apparent of Cuthbert, earl of 
Glencarne, and lord of the fee of the earldom and barony of 
Glencarne, in favour of Andrew Roriesoun of Bardanoch, in 
the lands specified in No. 33, which had been resigned by 
Peter Dennone of Creachane. Done on the lands of Gor- 
gonane at the house of Thomas Hunter, nth August, 15 13. 
Witnesses : Peter Dennone of Creachane, Donald Heroun, 
Andrew Lowre, John Lowre, and Thomas Reid. 


Instrument of sasine by John Grersone on a precept of 

clare constat directed to him, George Cunynghame, Oswald 

Cunynghame, Alexander Langmure, and Cuthbert Fergusson 

by Sir William Cunynghame, lord of the fee of the barony 

•_*(l() SoMI' l)o( r.MlvNTS RkI.ATING Id (il-ENCAlRX. 

and earldom of Glcncarne, and the earl, his father, lord of the 
free tenement of the said earldom and barony, dated at 
Kdinburg-h, 23rd July, 1513, in favour of Roger Grersone, 
l)r()lher and heir of umquhile Cuthbert Grersone of Lag-, in 
the twelve and one half merkland of Terrerane, Cormiligane, 
Corochdow, Murmullach, Croftane, and Marganady, lying 
within the said barony and sheriffdom of Drumfreis. Done 
at the chief messuage of the lands of Terrerane, 12th August, 
151^,. Witnesses: Thomas Grersone, Gilbert Grersone, 
George Lindesay, and Thomas Clerk, deacon. 

Precept of clare constat directed to Cuthbert I^ergussoun, 
Andrew Rorysoun, and Alexander Langmur by Cuthbert, earl 
of Glencarne, lord of the free tenement of the lands under- 
written, and William Cunynghame, his son and heir apparent, 
lord of the fee of the said lands, to infeft Gilbert Rorysoun, 
son and heir of umquhile Andrew Rorysoun, in the lands of 
\'\^est Creachane — viz. , the lands of Gargonane, Caldsyd, 
Little Mark and Cragnee, extending to four merks and los of 
land, lying within the barony of Glencarne and sheriffdom of 
Drumfreis. Dated at Edinburgh, 31st March, 1514. Wit- 
nesses : George Kelso, Thomas Kelso, Amer Kirkko of 
Sondaywell, Herbert Johnstoun of Pettyname, and Master 
Christopher Boid, notarv. 

Instrument of sasine by Andrew Rorysone proceeding 
upon No. 38. Done on the ground, 20th May, 1514. Wit- 
nesses : John Fergussone of Cragdarach, Alexander 
M'Gachane of Dalquhete, Robert Rorysone, Thomas Hunter,. 
Sir John Fergussone and Sir Gilbert Amuligane, chaplains. 

Instrument of sasine by Andrew Rorysone [on a precept 
of clare constat directed to the same bailies as in No. 38, 
granted by Cuthbert, earl of Glencarne, and William Cunyng- 
hame, his son. Place of execution, date, and witnesses, the 
same as in No. 2^] in favour of Gilbert Rorysone, son and 
heir of umquhile Andrew Rorysone of Bardanoch, in the five 

Some Documents Relating to Glencairn. 201 

merkland of Bardanoch, lying' within the barony of Glencarn 
and sheriffdom of Drumfreis. Done on the ground of the 
said lands and the chief messuag"e thereof, 20th May, 1514. 
Witnesses : Georg^c VVoyd, Thomas Craik, Thomas Robsone, 
.\lexander Russell, Malcolm AF[ ]s, Robert Rorysone, 

and Sir John Fergussone, chaplain. 

Instrument of sasine by Cuthbert Ferg-ussone on a precept 
of clare constat directed to him, James Crechtone, Thomas 
Ferg-ussone, Alexander Russell, and Thomas Craik by Robert, 
lord Crechtone of Sanchar and lord of the barony of Craw- 
furdstane, alias Balmakane [dated at Sanchar, 1st November, 
1 5 14. Witnesses : Jt>hn lord Maxwell, John Gordoun of 
Lochinver, James Matland of Auchingfassill, and John Kirk- 
patrik of Alisland] in favour of Thomas Ferg-ussone, son and 
heir of John Ferg-ussone of Crag^darroche, in the four merk- 
land of Jarg"ljurg"h and Drummakallane, lying- within the said 
barony and sheriffdom of Drumfreis. Done on the lands of 
Jarburgh and Balmakane, 3rd November, 1514. Witnesses : 
Gilbert Rorisone of Bardannoch, Patrik Ferg-ussone, Thomas 
AFCrerik, and Thomas Lang-. 

Instrument of sasine by Cuthbert Ferg-ussone on a precept 
of clare constat [directed to him, James Crechtone, Thomas 
Ferg-ussone, Alexander Rissall, and Thomas Craik by Robert, 
lord Crechtone of Sanchare, lord of the barony of Crawfurd- 
stone, alias Balmakenen, dated at Sanchar, ist November, 
1514. Witnesses : John lord Maxwell, John Gordoun of 
Lochinver, James Matland of Auchingassill, and John Kirk- 
patrik of Alesland] in favour of Thomas Ferg^ussone, son and 
heir of umquhile John Ferg-ussone of Crag-darroch, in the 
lands and mills specified in No. 20. ^^ Done on the said lands 
of Crag-darroch, 3rd November, 1514. Witnesses: Gilbert 
Rorysone of Bardannoch, Patrik Ferg-ussone, Edward Fer- 

13 The lands of Neis and Graynes are litre said to extend U) a 
42s land. See No. 20 above. 

202 SoMK Docu.Miixis Rklating to Gi.excairx. 

ijussone, Malcomc l'"cri,'-us.sone, Thomas M'Crerik, and 
Thomas Lanj;-. 

Charter of confirmation of the lands of CadiUaich,!'' lying- 
within the barony of Glencarne and sheriffdom of Drumfreis, 
by Sir William Cunynghame, and Cuthbert, earl of Glencarne, 
his father, on the narrative of the recognition and forfeiture 
as stated in No. 2t,, in favour of Thomas Fergussone, son and 
heir of umquhile John Ferg-ussone of Cra^darroch, in fee, for 
the usual services with ward, relief, and marriage. Dated at 
Edinburgh, 30th July, 1515. Witnesses: Thomas Fergu- 
sone, John Fergusone his son, Thomas Cunynghame, Master 
Christopher Boyd, vicar of Stevinstoun, Sir Ninian Cunyng- 
hame, chaplain, John Powat, William Galloway, Alexander 
Makneyt, and James Zoung. 

Precept of sasine directed to George Cunynghame, 
Oswald Cunynghame, Cuthbert Fergusone, and Edward Fer- 
gusone by Sir William Cunynghame, son and heir of Cuthbert 
earl of Glencarne, and lord of the fee of the earldom and 
barony of Glencarne, to infeft Thomas Fergnsone, son and heir 
of umquhile John Fergusone of Cragdarroch, in the lands 
specified in No. 43. Dated at Edinburgh. 30th July, 15 15. 

Instrument of sasine by Edward Fergusone proceeding 
upon No. 44. Done on the lands of Cadiltaich,!^ j^tjj August, 
1515. Witnesses : Duncan Fergusone, Thomas Layng, 
Alexander Muligyn, Fergus Macrerik, John Makcrath, 
Andrew Roresone, and Thomas Reid. 

Notarial instrument narrating that Thomas Fergussone 
of Cragdarroch compeared in the parish church of Glencarne 
and laid upon the high altar the sum of ;£^40, and the vearly- 

1^ See No. 9 above. 
15 See No. 9 above. 

Some Docliments Relating to Glencairn. 203 

mail! of the lands of Corodow, contained in the reversion, and 
required Malcolme M*^Gachane of Dalquhet to receive the said 
sum and the letter of tack. The said Malcolme thereupon 
accepted the said sum, renounced all right and tack to the said 
lands, except only the letter of tack, and bound himself to 
remove at the ish thereof, and granted the said lands to be 
redeemed. The said Thomas craved instruments of the notary 
in presence of Cuthbert Fergussone in Glencroshe, Fergus 
Fergussone in the Meiss,i^, Duncan M<^Gachane, son of the 
said Malcome, and Sir John Thomsone, curate of Glencarne. 
Done in the church of Glencarne, 13th June, 1519- 

Notarial instrument narrating the division of certain crop- 
land of the lands of Auchincheane, lying to the croft of Gar- 
harrow and likewise to the merkland of Dow M*^Call, between 
Sir William Cunynghame, master of Glenkarne, with the 
counsel and advice of Robert Kyrkpatryk, Brakoche, his 
vassal, on the one part, and Robert Fergussone of Crag- 
darroch, on the other part, " past in one woce and assent " 
with the counsel of Adam Kyrkco of Chapell of Gleneslane, 
Petir Dennum of Crechan, Robert Crychtoun, tutor of Craw- 
furdstoun, Arthur Fergussone of Glencroshe, and Cuthbert 
Cunynghame in Lochour, by which the said lands were " delt, 
dewidit, proppit, hoillit, merchit, and methit," and the parties 
hound themselves " to stand and abyed yrat — viz., at the 
said proppis and hoillis and ye merche dyk to be led yrupon. " 
Dated 29th June, 1563. Witnesses : Andrew Roresone, tutor 
of Bardannoch, George Melegan in Bennocan, John Sloan, 
and John Fergussone in Brache. 

Instrument of sasine by William Cunynghame, master of 
Glencarne [on a precept of clare constat directed to him by 
Alexander, earl of Glencarne, lord of Kilmaveris, and lord 
of the fee and superiority of the lands underwritten, dated at 
Finlastoun, 21st July, 1565], in favour of Thomas Roresone, 

16 Neiss. 


So.MK Docr.MKMs Rklatinc. to Ch.kncaikx. 

son and licir of Andrew Roresone, in the five niorkland of 
Bardennoch and the £3 3S 4^ 1-1"^ of Crechane, lyinjr within 
the barony of Glencarne and sheriffdom of Drumfreis. Done 
at ihc manor phice of Bardannoeh and on the said lands of 
Creachane, 5th July, i5t>6. Witnesses: Rog^er Greirsone of 
Lag-, Robert Fergusone of Cragdarroch, John Roresone in 
Ca.ldsyd, John Greirsone of Halidayhill, residing- ai Dal- 
skaith,!"' and George \'ilsone in Marginane. 


Charter of the annual rent of 10 mks. to be uplifted at 
the Feasts of Pentecost and vSt. Martin in winter, out of the 
3s 4d land, lying- between the lands now occupied by John 
Wallace, called David's John on the east, and the lands of 
Harbert Wallace on the west, in Carzele, parish of Kirk- 
maho and sheriffdom of Drumfreis, g^ranted by John Wallace 
in Carezeill, for a certain sum paid to him, in favour of Eg-idia 
Maxwell, sister of William Maxwell of Garnsalloch, her heirs 
and assignees, in implement of a contract dated at Carzele, 
26th March, 1584, between the granter and the said Egidia, 
the latter to pay to the former a silver penny if requ-ired. 
Dated at Carzele, 26th March, 1584. Witnesses : William 
Maxwell of Garnsalloch, John Stewart, son of John Stewart, 
rector of Kirkmaho, l-Centig-ern Jhonstoun, and Thomas 
Frissele in Carzele. 


Instrument of sasine by John Fareis in Lowthet, bailie 
<)i James, earl of Hartfell, and James, lord Jonstoun of Loch- 
wood, his eldest son, in favour of Nicoll Broun in Apilgirth 
in liferent and John Brown in Cleuchheidis, his son, in fee, 
in the 40s land of Cleuchheidis, lying- within the parish of 
Sibbelbie and stewartry of Anandaill, but always under rever- 
sion [in implement of a contract between the said parties, 
containing a precept of sasine directed to the said bailie, and 
dated at Lochwood, 26th November, 1647. \\'itnesses : 
fifrancis Scot of Babertoun, Hew Scott in Leddockholme, John 
Armstrong, and Mr William Thomsoun, servitor to the said 

17 Dalskairth. 


earl]. Done on the ground, 7th January, 1648. Witnesses : 
John Fareis, younger, in Sibbelbie, Robert Cowan in Sibbel- 
biesvd, David Jardein in Hallhilhs, and \\'iniam Bell in 
< roukal)urren. 



The documents here abstracted supplement in some in- 
teresting' particulars the information regarding various 
families which was published in the paper regarding The 
Sheriff Court Book of Dumfries (1537-38). Thus we find 
that Uchtred Edgar of Ingliston, who is there mentioned, 
was in all probability the son of Richard Edgar, ^ and that 
Donald M'Gachane of Dalquhet was a witness to an instru- 
ment dated 15th May, 1^55.^ In the present paper, however, 
we shall confine our observations to the earlier history of the 
Fergussons of Craigdarroch. 

An interesting^ account of this family, based upon family 
papers, entries in public records, and information gathered 
from local histories and traditions, is to be found in Records 
of the Clan and Name of Fcrgusson, Ferguson, and Fergus, 
edited for the Clan Fergus(s)on on Society by James Fer- 
guson and Robert Menzies Fergusson-^ii The existence of 
this work renders it unnecessary to do more than show how 
the documents of which abstracts are g^iven confirm or supple- 
ment the facts already published, and refer to some matters 
which have hitherto escaped notice. 

The oldest dated charter relating to this family is a 
■charter of the lands of Jarburch and mill of Balmakane, 
dated 6th July, 1398, granted by John Crawford of Bal- 
makane in favour of Jonkyne Fergusson, lord of Craig- 
darroch. 2^ In 1455 Thomas Fergusson was the laird of 
Craigdarroch. He married Elizabeth, daughter of John 

1 Abstract, No. 2. 

£ Abstract, No. 2. See also Nos. 39 and 46. 
2a Edinburgh, 1895. A supplementary volume was published 
four years later. 

2fi Kecnrds, cit. aitpr. cit., pp. 377, 405-6. 

206 SoMK Documents Relaiing to Glexcairn. 

Menzies of Enach, and had a son named Matthew .3 We hear 
of Thomas and his wife in 1461,'' and we find an instrument 
of sasine dated 26th April, 1475, by Matthew Fergusson, laird 
of Craig-darroch.5 On 30th April, 1483, John, son and heir 
of Matthew, was infeft in the lands of Craigdarroch and 
Jarburghc ;^ and we learn that his wife was Elizabeth 

We find instruments in favour of John Fergusson of 
Craigdarroch dated in 15088 and 1513;^ and in July of the 
latter vear a charter of the lands Caitloch was granted in 
favour of his son Thomas. ^^ John was witness to an instru- 
ment dated 20th May, 1514;^^ and on 3rd November, 1514, 
Thomas, his son, was infeft as his father's heir in the lands 
of Jarburgh and Drummakcallane.^^ 

There seems to have existed a deadly feud between the 
Douglases of Drumlanrig and the Crichtons of Sanquhar, and 
in this the lairds of Craigdarroch became involved as ad- 
herents of the former. On i6th December, 15 10, we find 
.1 supplication craving that John Fergusson of Craigdarroch 
should be ordained to produce letters purchased by him anent 
the giving of security by John Crichton of Hertwod as one 
of the complices of Robert Crichton of Kirkpatrick, then at 
the horn for the slaughter of Alexander and Robert Ferg'i.s- 
son ;12 and in September, 1512, W^illiam Douglas of Drum- 
lanrig, John Fergusson of Craigdarroch, Thomas Fergusson. 
his son, and their complices, accused as art and part of the 

3 Precept of Sasine dated 21st March, 1454-e55. Abstract No. 1. 

4 Instrument dated 24th July, 1461. Abstract No. 3. 

5 Abstract No. 6. 

6 Two instruments dated 30th April, 1483. Abstracts Nos. 7 
and 8. See also No. 9. 

^ Instrument dated 15th February, 1489-90. Abstract No. 10.. 

8 Abstracts, Nos. 19, 20, 21, 22. 

9 Abstracts, Nos. 31, 32. 

10 Abstract. No. 30. See No. 9. 

11 Abstract, No. 39. 

12 Abstract, No. 41. See Nos. 42, 43. 44, 45, 46. 

13 Acta Dom. Cone, xxii., fol. 10. 

Some Documents Relating to Glencaikn. 20V 

slaug-hter of Robert Crichton of Kirkpatrick, were discharg-ed 
because the said Robert was a rebel at the horn, Fergy and 
Robin Fergusson being, however, exempted from the dis- 

This case has a special interest, as it illustrates the view 
which the old law took of the position of the outlaw. It 
shows — and there are other authorities to the same effect^^ — 
that no process could be maintained for the slaughter of one 
at the horn, whether for civil or criminal cause. In 1587 
the King, with the advice of Parliament, consulted the lords 
of council and session " anent slauchter of partiis at the 
horn;"^^ and in 1612 it was enacted that the fact that the 
person slain was at the horn for civil cause should be no 
defence for the man who slew him.^" In the old days the 
relatives of the outlaw were forbidden to " ressett, supple, or 
manteine or do favors to [him] under pane of deid and con- 
fiscatioun of " their moveable property. ^^ 

The next entry in regard to the feud to which we have 
referred relates to an arrangement come to in 15 13 by which 
Sir AVilliam Douglas and Crichton were not to be summoned 

14 Pitcairn, Crhniiuil Trials, i., 79; 'I nni script of MS.. "Curia 
Itincris Justiciarie," under date September 24th, vol. iii., pp. 298 ff. 
(H.M. Register House, Edinburgh). Robert Crichton' s widow was^ 
Gelis Greresoun. On 14th December, 1512, she made an unsuccess- 
ful application for terce out of certain lands (Act. l)<itn. Cone, xxiv., 
fol. 84). 

15 Hume. Commentaries un the Law of Scotland regardimj 
Crime.'^; Edinburgh, 1844, i., 187 f. and note. 

16 St., 1587, c. 26; Fi>l. Acts, iii., 448. 

17 St., 1612, c. 3; Fol. Acts, iv.. 471. See also St., 1649, c. 96, 
and 1661, c. 217 ; Fol. Acts, vi., pt. ii., 173 ; vii, 203. By the last of 
these Acts it was provided that homicide committed " in the persute 
of denunced or declared Rfbells for capital crimes or of such who 
assist and defend the rebells and masterfull depradators by armes 
and by force oppose the persute and apprehending of them which 
shall happen to fall out in tyme comeing, nor any of them, shall not 
be punished by death." cp., F. Pollock and P. W. Maitland, The 
History of the English Law before the time of Edward I., 2nd ed.. 
Cambridge, 1898, ii., 449. 

18 St., 1540, c. 96, and 1592. c. 65; Fol. Acts, ii., 372; iii., 574. 

•2{)S SoMK Docu.MiiMs Rklaiing to Glexcaikx. 

to one another's courts, and Craigdarrocli was exempted 
from Crichton's jurisdiction.^^ 

On 27th February, 1515- 1(), James Dout^las ol Druni- 
lang-rig- sout^ht exemption for himself and his men, tenants 
and servants, from the jurisdiction of Robert, Lord Crichton 
of Sanquhar, Sheriff of Dumfries. He alleged that Lord 
•Crichton had purchased a commission to hold a " court of 
■quera," and had summoned him and his retainers to appear 
for their destruction, Lord Crichton beings at mortal enmity 
with him and them, and therefore a " suspect judge." The 
lords of council continued the case to a later date, and mean- 
while granted exemption.^o A year later — on i6th February, 
1516-17 — the case came again before the lords. Drumlanrig 
repeated his averments, and added that his father had been 
•exempted from the jurisdiction of Lord Crichton's father, 
.and that since their decease the old enmity had continued, 
mainly on account of the slaughter at Edinburgh by Lord 
'Crichton's people of his son, James Douglas. The lords 
granted exemption and ordained that Wauch of Shawis and 
John of Menzies of Castlehill should be deputes to minister 
justice to Drumlanrig and his men, and should hold courts 
in what place within the sheriffdom they thought convenient. ^^ 
We may be permitted to venture on a short digressi(>n 
and ask — what was a court of " quera?" By an enactment 
•of 1475,^ it was provided that " Becauss there has bene ane 
abusione of law vsit in tymes bigane be shireffis, stevvartis, 
bailzeis and utheris officiaris in the haldin of courtis of guerra 
to the grete hereschip and skathe of our souereine lordis liegis 
and of his awin hienes in his Justice Aris quhilkis ar spy It 
be the said guerra courtis, It is statut and ordanit that in 
tyme to cum thar be na courtis of guerra haldin be na maner 
of persons under the pane of punicione as for a man slaer and 
a Refare of his gudis and vsurpare of the Kingis autorite. " 

19 Acta I)om. Cone, xxv., 177, 195. Sir William died the day 
-after Flodden. 

20 Ih., xxvii., fol. 190. 

21 lb., fol. xxix., fol. 12. 

22 St., 1476, c. U;Fol. Acts, ii., 112. 


Skene^s admits that he knew nothing of the special juris- 
diction of these courts. He cites a passage from the Book of 
the Feus — " Si ministrales aHcujus domini inter se guerram 
habuerint, comes sive judex, in cujus regimine ean fecerinl, 
per leges et judicia ex ratione prosequatur " — and adds,. 
" quhilk forme of courtes being particular justice courtes, 
was prejudicial to the jurisdiction of the justice and his 
deputes, and grievous to the lieges of this realme . 
Sir George Mackenzie, ^^ in his observations on the statute, 
says of those courts that they seem to have been courts of 
neighbour-feud and riots. " Guerra " means " war " or 
" feud. "2^^* and is sometimes spelled " querra;"25 and of this 
" quera " may be a mis-spelled form. 

On 2nd April, 15 17, Drumlanrig complained that Lord 
Crichton had broken lawburrows by setting" upon Drum- 
lanrig "s servants, debarring Craigdarroch and Fergus Fer- 
gusson of the Neiss from the parish church, and by the 
slaughter of one of Drumlanrig's servants. Crichton was 
acquitted, save as to the last count, which was remitted to 
the next justice Ayre.^^'^ 

On 19th July, 1518, Lord Crichton was summoned by 
Drumlanrig' to hear and see him and Thomas Fergusson of 
Craigdarroch, his kinsmen, servants, and partakers exempted 
from his lordship's jurisdiction on account of the mortal 
enmity occasioned by the slaughter of Thomas Fergusson 's 
fat her. 26 

At a later date NMnian Crichton of Bellibocht, tutor^^a- of 
Robert, Lord Crichton of Sanquhar, and sheriff wardour of 
Dumfriesshire, seems to have taken up the quarrel. In 1524 

^ ]}( verb- .'<i(jiiifi('(itione, s.v. Gverra. 

24 Works, Edinburgh, 1714. i., 217. 

2^a In a question as to a right to teinds between the abbeys ot 
Melrose and Kelso we read ot " dissensiones et querras inter diefcos 
abbates " (Liber Sdiictc Marie de Melros, ii., 577). 

Sfi See Ducange, s.v., "Guerra," " Querra." 

^5a Act. Bom. Cone., xxix., fol. 187. 

26 Ae.t. Bom. Cone, xxxi., fol. 128. 

36'i Z&., xxxiv.. fol. 84. 

210 S(jmk DociMEMS Rkl.\ti.\(; lo Glkncairn. 

he and Drumlanrig, each for himself, his kin, friends, and 
servants bound themselves, havini^ touched the Holy Gospels, 
to abide in all causes between them by the decision of certain 
arbiters.^'' But in 1532 the feud seems to have been re- 
kindled bv the slaug^hter of Thomas Wilson, one of Drum- 
lanrig's servants, committed by Ninian and his household. 
An arrangement was come to, and sanctioned by the lords of 
council, by which Edward Johnston, burgess of I3umfries, 
should act as Ninian's depute in all matters regarding Drum- 
lanrig and his retainers. This, however, was disregarded by 
Ninian, who fined Thomas Fergusson of Craigdarroch, and 
summoned him and others to appear before him in the Sheriff 
Court of Dumfries. The lords of council decreed that John- 
ston should act as previously agreed. 26<; 

Shortly before the beginning of this feud — about 1508 — 
Thomas had married a daughter of Lord Crichton.^^ He was 
succeeded by his son Robert, who had married Janet Cunyng- 
hame, daughter of the Earl of Glencairn, about 1534,28 and 
who was served heir to his father on 28th February, 1563-64.29 
He appears to have married secondly Geillis Maxwell, who 
died on 8th August, 1584.^0 She is not mentioned in the 
Craigdarroch papers. He died on 16th July, 1587,21 and was 
succeeded by his son John.^^ John's first wife, Agnes Kirk- 
patrick, is not noticed in the Craigdarroch papers. She died 
on 19th May, 1572, survived by four children, John, Robert, 

26b ift., xxxiv., fol. 89. 

26c Ih., xliii., fol. 91; Art. Bom. Cone, et Sess.. ii., fol. 184. 
Ninian Crichton died between 1545 and 1547 {Reg. of Acts and 
Decreets, iii., fol. 444; Act. Bom. Cone, et Sess., xxiv., fol. 51). He 
was survived by a son David and a natural son George, of whom the 
latter succeeded his father and brother {lb., xxv., fol. 166). 

2^ Records, ut supr. cit., p. 386. 

28 Ibidem. 

29 lb., p. 378. 

30 Her will is recorded 7th December, 1594 {Edinburgh Comm.). 

31 His will is recorded 30th April, 1588 {Edinbxtrgh Comm.). 

32 Records, ut supr. cit., p. 378. An instrument of Reversion 
by Robert's son, Edward, is dated 18th June, 1571 {Log Charter 
Chest. No. 134). 

Some Documents Relating to Glencairn. 211 

Barbara, and Elizabeth. ^3 John is said to have married 
secondly, as we suppose, Margaret, daughter of Lord Carn- 
wath.'^ Robert Fergusson was infeft as heir to his father 
on 5th September, 1612. For the subsequent history of the 
family reference may be made to the Records, so often cited. 

25th January, 1918. 

Chairman — Provost vS. Arnott, V.P. 

Three valuable papers were read at this meeting — TJie 
Science of Fresh Water Lakes, by Mr W. H. Armistead ; 
Some Plant Notes, by the Chairman; and Reminiscences of 
the Stewartry, by Mr C. Marriott, M.A. It is to be regretted 
that the Editors have not at their disposal sufficient space to 
do justice to these papers, which are held over to the next 

22nd February, 1918. 

Chairman — Mr A. Turner, \'.P. 

The Petrol Motor in Warfare. 

By Mr A. C. Penman. 

[This absorbing lecture on a topic of general public 
interest was illustrated with lantern slides. A verbatim 
report appeared in the Dumfries Standard of February 23rd 
and 27th and March 6th.] 

33 Her will is recorded 29th September, 1579 (Edinburgh 

34 Records, ut supr. cit., p. 336. 

212 Andkkw Heko.n" and his Kinsfolk. 

Andrew Heron and his Kinsfolk. 

By B. M. H. RoGKRS, M.D., Lieut. -Colonel R..'\.M.C. (T.F.). 

The Heron family had lived in the neighbourhood of 
Newton-Stewart for over 300 years before Andrew Heron was 
born at Kirrouchtree, the house where his ancestors had lived 
since they came to Scotland. 

Burke traces their ancestry to a Xorman adventurer from 
Caen named '* Hairuns," who came with William the Con- 
queror and settled down in Readers of 
Walter Scott will remember that James IV. of Scotland passed 
the nig-ht before the battle of Flodden at Ford Castle, the 
home of the English Herons. 

How the family came to Scotland is told as follows : — ^ 
In the early part of the T4th century a certain Gerald Heron, 
sorely wounded in a border fight in the neighbourhood of 
Newton-Stewart, was carried to the home of the M'Lurg, in 
view of a possible good ransom, and incidentally to be nursed 
back to health by the laird's daughter. In due time this 
being accomplished, he very properly and romantically mar- 
ried his nurse and received the property of Kirrouchtree as his 
marriage portion from his father-in-law. Lewis, ^'^ in his Topo- 
graphical History of Scotland, states that it was a Miss M'Kie 
who showed her skill as a nurse and brought the estate into 
the family ; the name of the lady is immaterial. 

It is from a long line of Herons that Andrew is descended. 
Of many of these there is little known beyond names, a few 
dates of succession to various properties, and the names of 
wives. Indeed, much confusion is caused by the frequent 
repetition of the same Christian name, and it becomes very 
difficult to distinguish between the many Andrews and 
Patricks, these two names being the ones that they most 
favoured. One peculiarity seems common to all, viz., a judi- 
cious selection of a wife who would add to tlie family acres, 
for Cumloden, Machremore.i'^ Kirrouchtree, perhaps Bargally, 
as well as others which it is now impossible to identify, came 
through a wife to the Herons. So that by the time we reach 
Andrew Heron's father, Patrick, large tracts of land and rich 

AnDKKU HkKON AM) HIS K INSl'C )I.K. 21."? 

farms were their heritage, and for the tinu' and IcMaUty they 
must have been wealthy. 

Andrew Heron was the third son of Andrt'w Heron of 
Kirrouchtree, in which house he was born about 1660. 
Whether his father found the estate too large, or to avoid the 
death duties of the time, cannot be stated, but he made a 
pre-mortem distribution of some of his property ; to Andrew- 
he gave Bargally and Dalaish Cairns,^'' while Kirrouchtree 
and his other properties were to go to his eldest son, Patrick, 
at his death. 

Andrew, however, did not live at Bargally, which, as will 
be shown later, was not then a very attractive residence, but 
continued even after his marriagi' to Mary (iraham of l-'Hori- 
ston to reside in his father's house. No doubt his assistance 
in the rearing of cattle and driving them to the Border towns 
(for Patrick was a very successful breeder)'' was useful al 
home. But when M'Kie of Larg died, he took a " tack of 
the Mains "' or home farm at l^arg and moved there, no doubt 
to carry on farming and possibly cattle breeding on his own 

Larg is shown on the Ordnance map as " Large Tower 
or Castle of Larg," and there is still to be .seen the remains of 
a " Peel Tower " in a field near what, 1 think, can be identified 
as the farm or " .Mains." 

In this humble cottage, for it is little more (though no 
worse or better than many more about there), .Andrew^ and 
his first wife lived and their five eldest children were born. It 
is from their third son thai 1 trace my connection with the 
Heron family. For seven years they lived in this house, but 
" meeting with much disturbance from the heirs of entail as 
representatives of Larg's estate anent the pos.session,"'' they 
decided to remove to their own property and went to Bargally 
on May 15th, i6gi. 

Bargally (1 use throughout the spelling of the Ordnance 
map) is situated on the east bank of the Palnure Burn, a 
tributary of the river Cree. On three sides, north, west, and 
east, the giound rises rapidly, particularly on the east, form- 
ing the bare hills of Cairnsmore of Fleet, the highest point of 
which is marked 2331 feet. The banks of the stream are 


Andrkw Heron and his Kinsfolk. 

steep, and the waters rapid, and except where the house is 
built,' within thirty yards of the highest part of the bank at 
Bargally, there is little available land for cultivation. From 
a botanist's point of view or the agriculturist's the place is 
a very favourable one, as it is well sheltered from the north 
and east and well open to the south. 

In a privately printed book on the Rogers family, my 
cousin, Julian Rogers, thus describes the character of .Andrew- 
Heron : ^1" He was a born botanist and a man of refined 

and elegant tastes, but, unfortunately for his future happiness, 
he had all the weaknesses which generally accompany the 
aesthetic temperament. He was the creature of his impulses, 
unrestrained by consideration of prudence in the indulgence 
of his hobbies, and totally devoid of capacity for the manage- 
ment of his own affairs, though ready enough to advise othc. s. 
Add to this a singular guilelessness of disposition and a mind 
easily dominated by a will stronger than his own, and what 
follows will not be difficult to understand." It must be con- 
fessed that he show^ed little of the business acumen which 
characterised many of his ancestors or even near relations. 
He had expectations from his father, but even before his 
father's death he began planting his garden and building his 
new house on a scale far beyond his means, with the not un- 
natural result that in the latter part of his life he was in sore 
straits for money and involved himself in difficulties which 
resulted in litigation after his death and the impoverishment 
of his branch of the family. 

Andrew Heron moved into Bargally, as we have seen, 
on May 15th, 1691, but the then existing house being small 
and inconvenient, he only remained there for the summer. 
Records^ say he built the centre portion of the present house 
in 1695 (or 1694), the architect being a " Mr Hawkins, an 
Englishman;" but before even he had made a decent house 
for his wife and children he began his garden, for in 1693 he 
built the " side of the close where the stables are," and in 
1695 the " great orchard dyke " or wall garden, as well as 
the entry gate. In the same year he began to stock his garden 
" with an excellent collection of fruit," doubtless the first 
step of his horticultural enterprise. His father dying in this 

P»eech tree at Eiirgally (1916). 
See p. 223. 

Andrew Herox and his Kinsfolk. 215 

year, he inherited a farm about two miles further up the burn 
called Dalaish Cairns, and he also rented for thirteen years 
some land from the Barony of Bardrockwood,^^ " which was 
very convenient, it adjoining his estate." In 1696 he built 
the pigeon house.'' All these still exist, as well as the sun- 
dial in the wall garden, on which is engraved the initials 
" A. H." 

The reputation of Andrew Heron as a gardener rests on 
the statements made in three books on horticulture, viz., 
Loudon's Arhorciiun ct Fructicetum Brittanicuui,^ published 
in 1844; Robert Maxwell's Practical Husbandry,^ ^757] ^rid 
Bradley's Treatise on Husbandry,^ 1726. 

Loudon states that Andrew planted all the lower part of 
the valley in which Bargally stands. " The splendid quercus 
ilex and noble beeches which you saw in 1831 are but the 
miserable relics of the magnificent forest which once rose 
between Bargally house and the river Palnure."^^ When he 
wrote the garden and orchard had been a grass field for forty 
years, " but some variegated hollies, now large trees, still 
remain to mark the different divisions of the garden." He 
'also quotes a local resident who purchased a trunk of silver 
fir, which, after being cut up, yielded boards 26 inches wide, 
as evidence of the size that the trees had grown to. Lady 
Heron-Maxwell, writing to Loudon, stated that Andrew after 
twenty-one years' work had " well stocked (the garden) with 
all kinds of fine trees and rare fruits, both stone and core; 
some portion stocked with fine flowers, and he had the green- 
house stocked with oranges and lemons, pomegranates, 
passion flowers, citron trees, oleanders, myrtles, and many 
others." That .Andrew Heron's fame was far spread is 
shown by a tale given of a visit of his to London. He " very 
much astonished the principal gardener, to whom he was a 
stranger, with the botanical knowledge he displayed. The 
gardener having' show n him an exotic, which he felt confident 
the visitor had never seen, he exclaimed, on Mr Heron naming 
it : — ' Then, sir, you must be either the devil or Andrew 
Heron of Bargally.' " 

Of the garden little more can be said, for no family record 
makes the smallest reference to it ; it might as well have not 


existed lor all il But the cupidity of Andrew Heron's 
nephew, who now reigned at Kirrouchtree, had been excited 
bv the " Paradise " as it was called, and his uncle's lack of 
business methods and extravag-ance in planting afforded 
Patrick an opportunity of getting hold of this Naboth's vine- 


Patrick Heron u( Kirrouchtree, Andrew's brother, fell 
sick and died in February, 1695,3 and Patrick H. reigned in 
his stead. Andrew's extravagance on his house and garden 
had resulted in his getting into low water financially, and to 
relieve his pressing needs he in an evil moment applied to his 
nephew for a loan of money. ^'^ It would take too long to give 
an account of the numerous deeds and mortgages made by the 
astute Patrick H. to obtain good security, and perhaps to get 
hold of the estate of his uncle. It will suffice to say that each 
one was done " without the intervention of any man of busi- 
ness " 10 indicate that they may have been not all above 
board, but each successive one screwed down the wretched 
Andrew further, and made the ultimate possession of the 
estate more certain for Patrick. Andrew had quarrelled with 
his eldest son, as will be told later, and for certain reasons he 
left Bargally to his third son in return for a promise of a sum 
of monev to be Jidvanced to meet the importunities of the 
nephew . This son was a Captain Patrick Heron, and, in the 
event of his death, the estate of Bargally was to go to his 
second son, another Andrew, whom we will know as Dr 
Andrew Heron. Though Captain Patrick entered into an 
obligation to pay his father's debt, he appears to have entirely 
ignored his promise, hardly a high principled action, however 
much he may have distrusted his cousin's honesty. 

So matters stood till 1740, when poor Andrew died, no 
doubt worried to death by the troubles he had caused by his 
own folly. He was buried in the grounds, about twenty yards 
from the house, on the south-east side, in a stone tomb orna- 
mented with a small representation of a skull. ^"^ The tomb is 
now surrounded by a shrubbery, and much overgrown with 
creepers. On this tomb is engraved his own initials and those 
of his second wife, Elizabeth Dunbar. 

Before narrating the storv of the great litisjfation over l' e 

.\\I)Ri:\\ HiCRoN AM) HIS KlXSI-Ol.K. iM 7 

Bari^ally estate, a lew words must he ^iven about Aiv.'rcv.'s 
w ives and family. .As told previously, he married as a yoiP;;- 
man Mary (iraham oF bloriston. She died in 1706, and ho 
" finding' an inconvenience in keeping" house in a state of 
widowhood (!) married in April, 1708, ftlizabeth Dunbar, 
the relict of John M'Kie, his cousin german."'' M'Kerlie says 
" Marg-aret, relict of John M'Kie of Larg-. "2 in a certain 
leg'al document Andrew Heron speaks of " Elizabeth Dun- 
bar, my spouse," and " I"-. D." are the initials on the tomb 
referred to above. M'Kerlie was wrcmg", for the lady was 
Elizabeth, daughter of John Dunbar of Machermore, and 
widow of John M'Kie of Palgown. Her son by her first 
marriag'e was grandfather of James M'Kie, who evenlually 
purchased Barg-ally. 

Bv his first wife Andrew had seven children. The eldest, 
Andrew, is described as " inattentive and full of pleasure 
and \erv proficient in music.'' He quarrelled with his father 
over his marriage with Rlizabeth, daughter of -Sir William 
Maxwell, first Baronet of Monreith, and died in Ireland from 
an accidental overdose of opium given in jest in 1730, ag"ed 
46.'' The second .son, William, died at Barg^ally in 1708, ag"ed 
24. He is described as a " considerable merchant in 
London," which is improbable at his ag'e. Patrick, the third 
son, obtained an linsig'ncy in Lord Mark Kerr's regiment at 
}*ortsmouth,^ and there he met and married Ann V^ining",^ a 
daughter of John Vining, a rich merchant of that town. After 
living at Lymington for some years, he went to Canada as a 
Captain.^ I have in my possession manv papers relating to 
him ; perhaps, in these times of war, the most interesting are 
those which tell of his defence against the French of a block- 
house at Canceau in Nova Scotia, his capitulation in 1744, 
and his release in the following year.^ His wife having died, 
he married a second time, but she, when returning to England 
a widow, was drowned in a shipwreck.'' The date of his 
departure to Canada is unknown, but it was probably about 
1730, but before he left he had many sons and daughters, only 
two of whom need be mentioned as taking part in the history 
of the Bargally estate. His eldest son (born at Vicar's Hill, 
J^yininglon, Hants, in 1713) was called after his grandfather, 

218 .\m>h:i;\v Hi-uox axd his Kinsi-olk. 

John X'inin^-, and uc-nt inln business with his cousin, John 
\-ininj,^ Rt-nck, in Porls.nouth.^ Andrew Heron in the dis- 
position of his property passed over this grandchild, as he, 
|ohn \'. Heron, was amply provided for by his maternal grand- 
father, the rich old merchant of Portsmouth. The second son 
of the Captain was l)r Andrew Heron, " a physician of 
Lor.Jon." It was to this grandson that the Bargally estate 
was to come should Captain P. Heron predecease his father. 

At the time of Andrew Heron's death the situation was 
as follows :— His eldest son, with whom he had quarrelled, 
had died, leaving an only daughter. His second son was 
also dead ; while the third was with his regiment in Canada. 
His w ife also was dead. What had become of his other chil- 
dren does not now concern us in telling the story of the great 
litigation. All persons therefore who knew, or might have 
known, anvthing about Andrew Heron's money difficulties 
and the loans from his nephew were either dead or far 
removed. This gave the astute Patrick H. of Kirrouchtree 
the opportunity he had so long looked and patiently waited 
for. Without more to do he took over to his own use Bar- 
gallv and his uncle's effects, and remained in undisputed pos- 
session for twelve years. ^ No doubt after such a lengthy period 
of time he flattered himself that no trouble was likely to arise 
from his cousin's sons, who lived in Portsmouth or London. 
But there appears to have been a lurking suspicion in the mind 
of John \ining Heron that things were not quite straight,, 
and at the subsequent trial he stated that he recalled a letter 
of his father's, Captain Patrick Heron, asking him to look 
after the estate when his grandfather died, " for he would 
find it worth his while." "W'hy he waited twelve years to do 
that he did not explain, nor does it seem very probable that 
the Captain ever wrote in this strain, as he must have known 
that .Vndrcw of Bargally had expressly left John \'ining- out 
of Ills will. As heir at law, John \'. Heron had come into 
possession of certain papers after his father's death about 
1748, and thus discovered at least some of the transactions 
between his grandfather and his cousin at Kirrouchtree. This 
appears to have been enough for him, and he commenced an 
action his cousin of Kirrouchtree to recover Bargally 

AnDRKW HhRON" AM) HIS KixsrijLK. 21!) 

and the persDaal estate of his grandfather, w hieh Patrick of 
Kirrouchtree had appropriated to his own use. The proceed- 
ings in the Court of Session took some years before a decision 
was arrived at, but in the end John X'ining Heron succeeded 
in his action, his preferential title being declared and an 
account ordered to l)e taken of Mr Heron's debt, setting off 
against it the receii^ts for rents and the sale of timber and 

•Thus Hargaliv passed from the owners of Kirrouchtree 
back again to the descendants of Andrew Heron, but even 
this was not allowed to be the end of the troubles that seemed 
to beset the place. 

Thougii John X'ining Heron had got the estate, it will be 
seen from what has gone before that, legally, he had as little 
right to it as his cousin Patrick, for Andrew had left it to the 
second son of the Captain. I)r .\ndrew Heron, the person 
to whom it legally belonged, appears to have been quite 
ignprant of all that was going on behind the scenes, and 
acofcpted the fact that his l)r(jther was the lawful owner. But 
after some lime certain rumours reached him, arousing a 
suspicion thai material facts were being kept back, and so 
sure did lie irc\ of his ground that he began an action against 
his brother. John pleaded that he was not in possession of 
any document to show that his brother had been nominated 
heir, but " from circumstances " believed that his grand- 
father intended to settle the estate on his younger brother 
in return for the money that their father had promised to 
advance, but as this had never been done a certain " tailzie " 
t)f 1715 stood good, which supported his claim to the estate, 
joihn, on being pressed as to what the " circumstances 
were, refused to " discover any suggestion to his prejudice," 
rather a damaging admission. I)r Andrew, after a diligent 
search, discovered a disposition of 1728, which, the judges 
decided, established his right to Bargally, and a decision was 
given in his fa\'our in 17(14. His brother John, who had now 
joined forces with his cousin of Kirrouchtree to resist his 
brother's claim (perhaps in itself a transaction open to criti- 
cism), appealed, and got the decision reversed in 1 7^/), only 

2-2 <• 

Andrkw Hi:u )N \ni> h"'^ Kinsidi.k. 

a^nin h>r il to hv -ivt-n in Dr Andrew's fav.,ur l)y ilu- House 
of Lords in 1770. 

• Hi'fore the actions ucrc over botii Patrick I. and his son 
l>atrick 11. of Kirrouchtree were dead, and the whole cost ot 
ihe litigation as well as the repayments of the rents and 
revenues of Bargally fell on Patrick 111., who now held swav 
at I he ancient home. 

Dr Andrew Heron took up his residence at Bargally, ')ut 
after twelve years he tired of it and sold it to Mr William 
Hanney in 1783, and went to live in Edinburj^h, where he 
died two years later. The new owner says Loudon was 
" scarce of cash," and cut down in 1791 the wood of Bargally, 
" including many of the fine trees that had been introduced 
and planted by Andrew Heron." Thus ended the glories of 
Bargally and its renowned garden. ^^ 

Later on Hanney sold the place to James M'Kie of Pol- 
gown, in the hands of whose descendants it still remains. 

It would be interesting if there existed even a letter, still 
more so a picture, of Andrew Heron. If there is such I do 
not know of it ; 1 have never seen his handwriting, and can 
form no fancy of his appearance. Of a person who was so 
well known in his time there is singularly little gossip, though 
there is one tale in Scott's Guy Mannering in which the hero 
is indubitably Andrew Heron. In the " additional notes " to 
that novel the prototype of Meg Merrilies is said to have 
been Flora Marshall, one of the seventeen wives that Willie 
married. This Willie Marshall, more commonly known as 
the King of the Gipsies of the Western Lowlands, was in his 
youth little better than a highwayman, and in that capacity 
attacked " the Laird of Bargally." In the scuffle Willie lost 
his bonnet, and the Laird his purse. A respectable farmer 
coming along picked up the cap and put it on his head, but 
Bargally meeting him and recognising the cap had him arrested 
and charged with highway robbery. At the trial matters were 
going badly for the farmer, when Willie pressed forward and 
placed the cap on his head, and said : — " Look at me, sir, 
and tell me, by the oath you have sworn, am I not the man 
who robbed you between Carsphairn and Dalmellington?" 
Bargally replied: — " By heaven! vou are the verv man," 

AnOKKW HkROX and his KlNSKOl.K. '2'2\ 

which seems so to have shaken the evidence that the farmer 
was acquitted. While Willie was thus laudibly en^a^ed in 
i^ettinjj;- an innocent man oft", his wife stole the hood off the 
judge's gown, for which little offence she was deported to 
New England, from whence she never returned. 

1 cannot end this brief account of my ancestor w ithoui a 
reference to the labours and indefatigable industry of m\ 
cousin, the late Julian Rogers, without whose researches the 
writing of this paper could never have been accomplished. 
For the last twenty years of his life he had made it his hobbv 
to investigate all matters connected with our family, and par- 
ticularly with the Herons. His discovery of the report of the 
lawsuit in the Librarv of Lincoln's Inn enabled him to com- 
plete that part of our ancestry, supported by the family docu- 
ments, in the discoAcry of which I had had my modest share. 


1 Loudon's Aibitictuin et Fructicetum Jh itfa n i<ti m . 1844. 

2 M'Kerlie's Lundoicnern of (lallnwai/. 

3 Lincoln's Inn Library, Heron v. Heron. 

4 MS. lent by the late Mrs Gee, daughter of Captain JJasil 
Heron, R.E. 

5 MS. lent by Dr M'Kie of Newton-Stewart. 

6 War Office records. 

^ Numerous family Bibles. 

8 Maxwell's Frarfical Hiisha iidiitd ii. 1757. 

9 Bradley's Trentisf on H n.'^haiidi i/ and (ui rdettiioj. 1726. 

10 Scott's (Uiy Mannering. 

li Julian Rogers, A Hi.tfoni nf Our Fa mill/. (Privately 

12 Lewis' Topograph I CO I H isfori/ nf Srofltnid. 

13 A part of Camlodane certainly belonged to tlie Herons, but 
there does not appear to be any evidence to show that Machermoie 
also belonged to them. Prior to 1487, Thomas Heron, the first 
recorded member of the family, owned C'amlodane-Maklurg as well 
as KirroTichtrie (E.M.S., 1424/1513-1702). Machermore, which 
must not be confounded with a four merkland of that name near 
Glenluce, belonging to the M'Kies, was owned by the family of 
M'Dowall in 1490. and probably earlier. There is nothing to show 
that Machermore ever formed part of Kirrouchtrie. as sitggested 
by M'Kerlie. 

222 Andrkw Heron and his Kinsfolk. 

14 In 1682 tlie farms of Buj-gally and Dallaish Cairns, valued 
at £120, were owned by Joliii Maxwell of Druuuoltran (see old 
Valuation l^olls). At what date they were sold by him is not dear, 
but they may have been bought from him by Patrick Heron on the 
occasion of Andrew's first marriage, and given him as a marriage 
portion. Dallaish is quite distinct from Dallaish Cairns. In 1682 
the former belonged to Patrick Murdoch of Comlodane, and does 
not ever appear to have been owned bj- the Herons. The two farms 
lie on different sides of the Palnure Burn. 

15 The six merklands of Bardrockwood, Bardrockhead, or liar- 
drocht (the earliest form), first figure in record as in possession of 
the Mure family. Alexander Mure of Bardrocht is referred to in 
1471 (Acta. ])<)in. And., 19), and was in conflict with M'Clellane of 
Bomby in 1476 concerning the lands of Bardroched (ibid., 50). 
Mure was dead by 1492, in May of which year his daughter and 
heiress, Elizabeth, sold to Bomby this property as well as Glenturk, 
Carslae, etc. (A'.M.»s'., ii., 2138). Eight years later Glenturk, etc.. 
was sold by Bomby to Kobert, son of John, Lord Carlisle, and was 
then described as in the Lordship of Bardrochwood ('ibid., 2799). 
But when that Loi-dship was created is not known. For over 100 
years Bardrochwood belonged to the M'Clellanes of Bomby, though 
in loll William M'Clellane obtained license to sell it (li.S.S.. i., 
2308). But in 1622 Sir Robert M'Clellane, being in financial diffi- 
culties, resigned it in favour of David Arnott of Chapell, under 
reversion of 3000 merks (It. M.S., 1620/33, 639). Bomby's difficul- 
ties soon got worse. In 1624 the lands of Bomby, Bardrockwood, 
and others were apprised for debt by John, heir of Colonel Sir 
Robert Henryson of Tunygask (ibid., 660), and in 1635 Bardrock- 
wood was again apprised by David Ramsay of Torbene (li.M.S.. 
1634/51, 301). By 1642 Henryson's apprisement was got rid of, 
and Bardrockwood incorporated in the newh'-erected Barony of 
Kirkcudbright (ibid., 1049). The following year Thomas, Lord 
Kirkcudbright, finally parted with it in favour of Colonel William 
Stewart, son of Alexander Stewart of Clarie (ibid.. 1499). In 
1698 it passed to Ckilonel William Maxwell on his marriage to 
Nicolas Stewart, great-granddaughter of the Colonel. 

16 Loudon must be wrong. The house stands quite close to 
the Palnure Burn, and there is no room for a forest there. He 
must refer to lower down the valley. Some of the beeches referred 
to are still standing, and a photogi'aph of one of the finest is repro- 
duced in the text. 

1'' At the east end of the tomb on the slab that closes the en- 
trance is engraved the skidl with the inscription: — "This tomb 
was erected A.n. 1729 by Andrew Heron of Bargaly, and repaired 
by John M'Kie of Bargaly, 1829." At the west end is the bi:ief 
inscription : — " AYe dy hopeing and our ashes recei\'e life — 1730." 

18 If the glories of the Bargally of Andrew Heron have passed 

Andrew Heron and his Kinsfolk. 22.3 

away with the cutting of the timber whicli he planted, a new Bar- 
gaily has at least taken its place. The house has in recent times 
been enlarged and a new approach made to it. The garden, one 
of the features of the property, speaks for itself, and is an object 
of great beauty and interest. Most of the woods in the vicinity 
are copse-wood, cut oA'er at intervals of fifteen years or so, but fine 
trees are always left standing. Mi- G. M. Stewart, in October, 
1917. made the following measurements of trees at Bargally. giving 
the circumference three feet above the ground : — 

2 Beeches — 16 ft. 8 in. and 14 ft. 6 in. 

2 Spanish Chestnuts— 12 ft. 10 in. and 12 ft. 9 in. 

2 Horse Chestnuts— 12 ft. 10 in. and 10 ft. 9 in. 

2 Auraucarias Imbricata — 7 ft. 7 in. and 7 ft. 

1 Pinus Insignis — 13 ft 2 in. 

1 Wellingtonia— 13 ft. 6 in. 
With the exception of the beeches, the above were probably all 
planted after Andrew Heron's time. 

22nd March, 1918. 

Chairman — Mr T. A. H.m.lid.w, V.P. 
Weather and Other Notes taken at Jardington during 1917. 


The mild weather of the closing days of 1916 was con- 
tinued during- the first three days of the New Year, the 
daily mean temperature being 51.7 deg. From the 3rd there 
was continued mild frost till the end of the month. The daily 
mean temperature was 33.92 deg., which was about 5.5 deg. 
lower than the mean of the preceding six years. It is note- 
worthy thai the low temperature was not the result of any 
intensely cold period, but of a continued moderate cold. 
There was a slight fall of snow on four clays. There were 
lb days on which no rain fell, as compared with four in 
January, it)i6. Total rainfall, 1.58 in.; that of January, 
ic)i(i, being- 5.09. Fhe rainfall of this month was one of the 
three lowest records for January during the last 27, years. 
The wind was principally from an easterly direction, which is 

2-24 Wkaihkr AM) vJthei? Xotks. 

very unusual for this month, and was piercuiiily cold un a 
numhi'r of days. 


The mild frost experienced ihrouj^h January was ron- 
tinued till the 17th. The return of moister weather on the 
ijth broug-ht to an end an unusual protracted winter 
drought. The usual rainfall from January 1 1 th till l^\'bruary 
17th is about 4 inches. This year during that period il was 
about one-twentieth that amount. From the (7th until 
the end mild g-enial weather continued. The wind was prin- 
cipally from a northward or easterly direction. On many 
days it was so calm that it was diflFicult to determine its 

Snowdrop hang"ing- its head on the 1st, being- jo days 
later than in 191 6. Heard the cheery song^ of the Water 
Ousel on the 9th, and that of the Song- Thrush on the 26th, 
which was 2^ days later than 191 6. 


Wintry weather prevailed during' the month, with the 
exception of the first three days and two or three near the 
•end, which were mild and more spring--like. During- the 
middle portion of the month the fields were very gTey and 
barren, without a trace of green. There were bitter cold 
east winds from the 4th till the lOth. There was a slight fall 
of snow on five days, and frost on 26. 

Hazel came into bloom on the 1st, ^"^2 days later than 
in 1916; Coltsfoot on the 15th, 2^ days later; Wood Anemone 
on the 30th, 7 days later. First heard the nesting- note of the 
Peewit on the 1 6th, was about the same time as in 1916. 

The daily mean temperature was 38.01 deg-. , being the 
lowest March record during the last seven years. 

April came in with a cold north-east wind, a wintry 
morning-, with about three inches of snow on the ground. 
Cold, barren winds prevailed until the i6th. From this until 
the end the weather was milder, but of a mixed type of spring- 
and w inter days. There were no genial April showers, and 

Weathkr and Other Noiks. 22r> 

little vegetable growth. Snow fell on six days. On thc- 
early morning of the iith there was a fall of twelve inches 
here, which was the heaviest fall of the year, and remarkably 
heavy for April. 

Sowing oats, which generally begins in March, was not 
commenced until well into the month. The severe weather 
of March and April caused a heavy death rate amongst ewes 
and lambs. 

Flo\\crs came into bloom about 14 days later than in 
1916 — Lesser Celandine on the 18th; Dandelion, 19th; Lesser 
Periwinkle, 20th; Primrose and Sweet Violet, on the 21st; 
Flowering Currant, 28th ; Dog Violet, on 29th. 

l-'irst Swallow seen on the 26th. 

Daily mean temperature, 41.56 deg. , which is about live 
degrees below the mean of the last seven years. 


A fine sunnv morning-, with abundance of Akiy dev.- aiul 
birds in song, introduced the merry month. There was no 
rain from the 17th of April till the iith of May; the land 
was \ erv dr\-, and \erv little growth. PVom this date 
sufficient refreshing rain fell, when the fields immediately 
assumed their wonted beautv and \'igorous growth. By the 
end of the month there was plent\ of grass, and every 
prospect of a good crop of ha\ and oats. There was little 
frf:»st. lemperature was normal. 

Jargonelle Pear came into bloom on the 1st; Black- 
thorn, the 6th; Cuckoo Flower, 12th; Blenheim Apple, 
13th; Chestnut, 22nd; (iarden Strawberry, 22nd; Speed- 
well, 25th; Hawthorn, 29th; Ox-eve, 31st. Saw the first 
Small White Butterliy on the 2nd. First heard the Cuckoo 
on the 2nd. 

This was a fine warm, sunny month, there being sun- 
shine at 9 a.m. on 20 days. On the iith and 12th the 
temperature in the shade reached 80 deg. There was no 
frost, and all crops did well, except turnips on some soils, 
where a good deal of sowing over had to be done. On 

2i>(; Weather and Other Notes. 

other soils they came away rapidly, and were soon ready for 

the hoe. 

Daily mean temperature was about normal. 

'S'ellow-rattle came into bloom on the 5th ; Purple 
Orchis, 7th; large \'alerian, 8th; Dog Rose, 17th; Hairbell, 
30th. First worker Wasp seen on the 30th; very late. 


There was an absolute drought from the 26th oi June 
until the 15th of this month, when just a trace of rain fell on 
three days, and the progress of all crops was considerably 
checKed in consequence. On the 18th 1.29 in. of rain fell 
This was followed by a fine genial warmth, and sufficient mois- 
ture to maintain a vigorous growth. Ryegrass and early 
meadow hay were secured in fine condition. First dish of 
ripe strawberries was gathered on the ist. Corn ragging 
on the 5th. Knapweed came into bloom on the 17th. 
Meadow Brown Butterfly first seen on the ist. Daily mean 
temperature normal. 


No rain fell from the 30th of July until the 8th of this 
month, and crops were beginning to suffer. From this date 
rain fell on most days until the end. This had a most bene- 
cial effect on crops and pastures, but made harvest work h 
tedious process. There was thunder, with heavy rains, on 
several days. Cutting oats began on the 20th. Butterflies 
plentiful ; Wasps very scarce. The lowest reading of the 
barometer during the year occurred on the 28th, when it 
reached 28.95 inches. This is an unusirally low summer 

After the 12th the weather was very broken, and harvest 
work made slow progress. There was also a difficulty in 
getting labour ; and men supplied from the Army were in 
many cases very unsatisfactory, many of whom had never 
worked in a harvest field before. Swallows were gathering 
into flocks preparing for their migratory jou'"''ey about the 
8th. The last swallow seen was on the 1st of October. 

Weather and Other Notes. 227 

Rainfall, 31.51 inches, as compared with 1.76 in. in 
1916. Temperature normal. 

Early vinter weather came with this month. On the 
6th Queensberry and other distant hills had a (^overing- of 
snow. We had a lig'ht covering- on the morning-s of the 
27th and 29th. During the whole month the weather was 
cold and wintry, unsettled and unseasonable, with heavy 
gales of wind and floods. On the 25th a number of trees in 
the neighbourhood were blown down, and roads blocked. 
On the evening of the 21st about half-an-hour after sunset 
there was rather a striking phenomenon : the whole of the 
sky had a greyish covering of cloud, which in a short tiir.c 
changed to a light purple. This abnormal colour, which 
continued for about five minutes, was reflected on the 
ground, when everything was tinted with red. Very stormv 
weather followed for several days. At the beginning of the 
month a considerable quantity of oats in the district was un- 
secured and a good deal remained in the fields at the end. 
Potato lifting was considerably hindered by bad weather. 
This crop turned out very satisfactory as to bulk, and almost 
free from disease. 

The rainfall of the month, 6.35 inches, was exceeded on 
only five occasions during the last twenty-five years. The 
daily mean temperature was 5 deg. below normal. 

Burns speaks of " chill November's surly blast " making 
" fields and forests bare," but the frosts and blasts of this 
October, to a great extent, denuded the woods of their 
beautiful autumn foliage. 

With the exception of a rather high wind on several 
days and a cold stormy snap from the 24th till the 27th, the 
weather of this month was very mild, and had a number of 
very fine autumn days. A wintry October is often followed 
b\ a mild November, and not infrequently a mild winter. 
The fields kept fresh till the end, and on most days cattle 
went out grazing for a few hours. The daily mean tern- 

228 Weather and Other Notes. 

pcraturc was 45.46 cleg., which was the highest for Novem- 
ber during the last seven years, and five degrees higher than 
October, which is most unusual. At this part of the year 
the temperature generally tends quickly downwards, and on 
an average October is fixe degrees warmer than Noxember. 
Heard a Thrush trying Itis pipes on several mornings. 


Mild, open weather continued throughout the month, 
with the exception of two cold wintry snaps — from the 11th 
till the 13th, and from the 15th until the i8th. There was a 
powdering of snow on three da\s, and only three days on 
which the barometer was under 30 inches. The daily mean 
temperature w'as .slightly under normal. 

Larg-e sun-spots were much in evidence during the year. 

There are problems in connection with the forces which 
influence the weather to a great extent, yet remain to be 
solved. Changes come so suddenly without any apparent 
reason, and most weather predictions beyond a day or two 
are seldom correct. A knowledg"e of the forces which in- 
fluence the weather is essential to enable us to understand 
the effects which we daily w^itness. Such forces, I believe, 
are to a great extent external to our planet, and in some way 
intimately connected with ^•ariation in solar activity. 

The notes in this paper, except where otherwise stated, 
refer to my immediate localitv. 

Weather and Other Notes. 



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230 Vwi) Ormth()i.()(;icai. Notes. 

Two Ornithological Notes, 

By the KunoKS. 

Platvcercl's Kxi.mius. 

The appearance of a pair of Parrakeels, indigfenous to 
Australia, flying" at liberty on a Scottish moor is sufficiently 
uncommon to merit brief notice. 

In Aug^ust, 191 3, these birds were observed by the tenant 
of Birset, parish of Mouswald, sitting on a moor gate. For a 
few days they frequented the vicinity of the farm, their bright 
plumage rendering them easily detectable. In an effort to 
capture them the birds became separated, one of them ap- 
pearing the next day in Mouswald village. After several 
fruitless attempts, Mr Robert Dickson, the blacksmith there, 
captured it, and though it has twice managed to escape, it is 
still (August, 1917) in his possession. It is a fine healthy bird 
of the most brilliant colouring and good plumage. It imitates 
all sorts of whistles, by which means it was located when it 

The other bird turned up in Rockhall woods, and was 
shot there by Mr Veitch, factor to the Hoddom estate. It 
was stuffed and placed by Mr Jardine Paterson in Brockle- 
hirst, being happily saved from the recent fire in that mansion, 

The birds had obviously escaped on to the moor, but the 
original owners have never been traced. 

These parrakeets are called Rosehill parrakeets, from 
the place in New South Wales where they were first seen and 
now abound. They belong to the genus platycercus. A pair 
of stuffed specimens in poor condition and very drab colour- 
ing is to be seen at the Maxwelltown Observatory. 

TuRDus Merula. 
xMrs Maitland Heriot reports that early in September, 
1917, these appeared in the garden at Whitecroft, in the parish 
of Ruth well, a white bird, which no one could at first recog- 
nise. It was very closely observed, and was identified as a 
white blackbird. Its principal habitat was the wild garden 
by the pond, where many birds gather to feed on rowan 

Two OKNnH()i.()(;icAL Notes. •_'.") I 

berries, of which a number grow there. The bird was vir- 
tually all white, but had some dark feathers (they were hardly 
black) at the top of the head and low^ down on the neck. His 
beak was bright yellow, and altog-ether it had a very handsome 
and striking- appearance. It appeared to be much more shy 
than most blackbirds, and seemed to know when it was under 
observation with field g^lasses, retiring- out of sig^ht into the 
wood. Food was reg-ularly put down for it, on which it fed, 
but it did not appear to mate. It never seemed to move far 
from its habitat, but disappeared after three or four weeks. 
Such an occurrence deserves to be placed on record. 

Five Strathclyde and Galloway Charters — Four concerning 
Cardew, and One the Westmorland Newbigging, 

By the Rev. Frederick W. Ragg, M.A., F.R.Hist.S. 

I. — Gospaprik's Charter. 

This was shown to me first in 1902 by Mr R. H. Bailey 
of Lowther, whose care for ancient documents cannot be to>> 
highly praised, and was copied by me then, and the photograph 
which now appears in these Tniusactions was at that time 
taken by my urgent request ; for recognising at once some of 
its difficulties and its value I felt a mere transcript insufficient. 
1 could not then, however, publish. But after working 
amongst such Denton deeds as appear to remain at Lowther, 
and getting these, scattered and separated as they had long, 
been, into some sort of arrangement, I have been able to 
recognise the charter as one of these deeds, the first of the 
Cardew series, and I now return to it. 

Denton {Accompt of Estates and Families in Cumber- 
land) tells us that Cardew was held in the male line from early 
times^ till the last of these owners sold it to a chaplain whom 
he names Berrington, who transferred it to the Bishop of 
Carlisle. In the existing charters about this transfer to 
Bishop de Halton, I do not read the name as Berrington, but 

1 He mentions some personal names of these, Tlionias, Stephen, 
a-nd William ; others Adam, Henry, and Aldusa — all de Carthew — 
occTir in the Pipe Rolls of Henry HI. 

232 Strathclvdh and Gai.low av Chaktkrs. 

in one as Bermlon and in another as Bermeton ; and the 
chaplain in question seems to be the John de Bermton men- 
tioned in the Registers of that Bishop, read by the lamented 
W. N. Thompson in his edition of those Registers as Bermton 
or Berinton,2 a priest collated to Denton as rector in 1317, and 
thereafter accordingly not " capellanus. " I had the same 
doubt which Thompson shows about the name, but the two 
forms set it at rest. It was evidently through the acquisitjiin 
of Cardew that the charter came into Denton possessijn. 
John Denton's account of that acquisition agrees with the 
documents. Bermeton transferred it to Bishop de Halton, 
he says, to the use of John Burdon — that is as interim feoffee. 
]ohn Burdon gave it to his son John Burdon and his hei's, 
and in default of these to John Denton and his wife Joan and 
the heirs of their bodies, and it remained in their possession 
till John Denton's time who wrote the " Accompt," about the 
last days of Queen Elizabeth. 

Denton does not hint why the Bishop of Carlisle was thus 
■chosen for interim feoffee, but we gain a special reason from 
Pipe Roll, Cumberland, of 14 Henry III. (1230-13), and the 
Placita de quo Warranto. The barony or manor of Dalston 
under which Cardew was held had been in the immediate 
tenure of the Crown and was given by Henry III. to William 
Mauclerk, Bishop of Carlisle, to be held by the Bishops as 
superior lords. Bermton's transfer was simply granting for 
the time being the immediate as well as the seigniorial posses- 
sion of Cardew to the superior lord, the Bishop, and the 
Bishop's re-grant of it could cause no question. 

This grant of the overlordship to the Bishops of Carlisle 
is an important point in the history of a charter so full of 
puzzles as this which need much thought. The document I 
have aforetime stated shows clear signs of being a copy of a 
lost original made by one to whom the letters and the language 
were strange, and at first, and indeed till lately, I thought it 
made much later than a very close and critical examination 

2 Episcopal Begisters of Bishop Halton. ii., pp. 30 and 145. 

3 See F. H. M. Parker's Pipe BoUs of Cumherland and West- 

Strathclydk and Galloway Charters. 233 

of it since has shown it now to be. Were it in the ordinary 
mediaeval Latin there would have been little difficulty in 
settling its ag^e, but some of the characteristics of different 
periods of writing" seemed to show themselves in it. The 
photograph does not reveal all that scrutiny can find ; only a 
very close and careful noting of every stroke of every letter in 
its pale writing, by the help of a lens, does. 

From the photograph Dr Jenkinson, Librarian of the 
Cambridge L'niversity Library ; Mr Chadwick ; Mr Lapsley ; 
Mr Craster, Sub-Librarian of the Bodleian ; and Mr Plummer 
of Corpus Christi, Oxon. ; who have most kindly examined it, 
agree in its being a copy made by one who was not accustomed 
to the language, and all of them who are palaeographists, in 
its being a thirteenth century copy. The reasons which occur 
to me now in concurrence with this judgment I will give later, 
when I come to the wording of the document. I wish first ta 
turn to its substance, merely premising that there is sufficient 
reason to suppose it fairly representative of the lost original. 

Gospatrik the grantor could only be the Gospatrik who> 
born about 1025, was from 1067 to 1072 Earl of Northumber- 
land, and was then expelled and became Earl of Dunbar; one 
of whose sons, a second Gospatrik, succeeded him as Earl of 
Dunbar and died 16th August, 1139; another, Dolfin, was 
lord, in Carlisle, of Cumberland, and another, Waltheof, in 
Allerdale. Gospatrik mentions Earl Siward in the charter in 
such a way that we have to conclude that the}' had aforetime 
worked in conjunction or in the same continuous spirit. 
Siward was Jiarl of Deira from 1038 when Bernicia was in 
possession of Eaduulf, younger brother of Ealdred, father 
of Siward's wife. It was only through her descent that 
Siward, her husband, became Earl of Deira, and by the murder 
of Eadwulf that he became Earl of Bernicia and thus of all 
.\orthumberland. Gospatrik, son of an aunt of Siward's wife 
I^aldgyth and of Maldred, brother of Duncan King of Scots, 
had claim likewise on the female side to either Bernicia or 
Deira; but to Cumberland as a sub-kingdom in the old Strath- 
clyde he could succeed, not as an heir of Northumberland, but 
as a relative of the King of the Scots, among whom a .son 
during his father's life, or a younger scion it would seem, held 

634 Stkaihci.vde anh (iAt.i.ow av Charters. 

sway as far back as 972, when Malcolm " rex Cumbrorum " 
attests a charter of Kino- Eadgar to Canterbury Cathedral." 
Ead^rar had mentioned in the Witcnat,^emot of q-o^ having of 
late overcome " Scottas et Cumbras et Bryttas "—the two 
latter being- Strathclyde— but these were handed over by him 
as they had been by liadred, to the Scots' King to hold under 
him and to co-operate whh him. 

Siward having- ruled all Xorthumbria from 1041 to 1055 
died, and the earldom was given to Tostig, a brother of Harold 
of England. He was expelled by the Northumbrians in io6fi. 
and a brother of the Earl of Mercia, Morkere,^ elected, who 
submitted to William the Conqueror in 1067, but was soon 
deposed and replaced by Copsig, once a deputy of Tostig. He 
in turn soon fell, the earldom being apparently divided, for 
Oswulf II., one of the Northumbrian family became earl, north 
of Tyne in 1067, only to fall that year. Then Gospatrik made 
arrangements with William the Conqueror and obtained 
Northumberland, but was driven out in 1072 ; his claim to this 
earldom being through his mother, as already mentioned. 
After his expulsion in 1072, as probably also before 1067, only 
without the title of earl before this, his possession on his 
mother's side was Dunbar, the remnants of the Northumbrian 
earldom of Bernicia, in the portion which had been taken by 
Scotland. Siward's only connection with Cumbria (Cumber- 
land) would be when he on behalf of Malcolm had defeated 
Macbeth, and he and his relative, the sub-ruler of Cumbria, 
could w'ork together. This was in 1054-5. The conjunction 
of the two in granting rights mentioned in the charter is ap- 

4 Birch. CartuL, Sax., iii., 448. 

5 Birch, Cartul, Sax., iii., 557. 

6 As to the reasons for Morkere's election, I suspect ttiat tho 
Ethelgar of Ordericus Vitalis, iv., i.. v., 14, was ..Elfgar (father of 
Morkere and son of Le-ofric and Godiva of Mercia) and that ^^Ifgifu. 
^Elfgar's wife, was daughter of Uhtred and ^351fgifn, and so sister 
of Ealdg^'th. T\-ife of Maldred. This ivould account for the choice 
by Northumbrians of the Mercian Morkere and for Siward Barn's 
connection with Morkere at Ely and his being " tribunus Mer- 
ciorum.'' Searle (.4.-.S'. Bishaps, etc., p. 446) gives Uhtred as 
father of ^T^thelgan (^-Elfgar ?) — shoidd it not be father-in-law y 
This connection would cle^r up a mysterj. 

Strathclvde and Galloway Charters. 235 

parently alluded to as in the past, in days when Thore, father 
of Thorfynn, was a partaker. So at least I understand the 
charter — rig^hts which Gospatrik continues and confirms to 
There's son. 

Cumberland had a mixture of English and Danes (Anglo- 
Danes), Scandinavians from Norway, possibly, as well as 
from the Hebrides and Ireland, and Cymric peoples. A local 
lanjjuaije in such circumstances loses inflexions or has them 
confused ; words of similar sound in the original separate 
tongues acquire even a changed meaning, and spelling may 
become, as it did in later days in England, a matter in which 
variety delighted, and vowel and consonantal sounds show 
change. These characteristics one might expect to find, and 
when they occur, together with misread ings or mistakes in a 
copy made by a scribe " who imitated what he imperfectly 
understood,"^ the results needs careful analysis to make sure 
how far the substance is representative of the lost deed. But 
mistakes and misreadings in such a case are limited ; for copies 
of deeds were t)nly made in those times for necessary legal 
purposes, to ensure inheritance or safety in acquisition. It 
was not till long afterwards that they were made for anti- 
quarian interest. A Haw in a document could prevent its being 
valid in court. And when a copy was made, sufficient attesta- 
tion — as instances yet existing show — was also given to 
warrant that it was an exact copy.^ Not that this eliminated 
all errors, but that it kept errors within bounds. 

One result of my experience has been that the copy, not 
seldom retaining the shape of the original — I do not say the 
size — was made line by line to correspond with it. Emenda- 
tions therefore to be probable are limited to misreadings of 
letters and conjectures of faded portions made by him who 
copied, and omissions of words which take up little space — or 
else of whole lines. For some difficulties there are sometimes, 
fortunately, aids in parallel phrases and formulas in other 

■? Mr Plummer's comment. 

8 This IS only lit-erally true in the cases of the smaller private 
possessions. Poweri'nl iKwiies or corporations could contest where could not. 

236 Strathclvde and Galloway Charters. 

The transfer of the barony of Dalston, under which 
Cardew was held, to the Bishops of Carhsle was an occasion 
when somethino;^ corresponding- to the King's " Inspeximus " 
of charters would take place, and when a copy to replace a 
deed might be granted by the new seig-niorial owner, the 
orignnal being deposited with him. For various reasons this 
might happen — the copy being allowed by him as equivalent 
to the original and attested by some accompanying form. If 
it should turn out then that the conclusions come to by the 
study of the writing are that it was of that period, it seems 
reasonable to conclude that this is its date. 

The script of the original being one to which the scribe 
was unused, he has copied as nearly as he could most of tht- 
letters and made them in his usual way of forming letters, but 
some capitals of which he felt sure he has made in the fashion 
of the day ; hence the mixture of shapes which range from the 
time of William I. to that of Henry III. The actual period is 
practically settled after close scrutiny to be the time when the 
small a was made with three strokes : the lower left cur\'e, 
the longer right curve, and the joining of these at the top ot 
the left curve by a third horizontal stroke, and when the ten- 
dency to indulge in thick horizontal strokes, bearing on the 
pen, was in vogue — as the top strokes of the letter g show, 
and when the tendency to keep the curve in the top stroke of 
the T remained, and the ordinary small f as written in Latin 
words was made with a long straight stroke begun with a 
small curve at the left of the top, and then a curve almost like 
a c added to the right at the top of the straight stroke. This 
process, though the shape is different, shows itself as that in 
which the f's in the charter were written ; in some cases a 
straight horizontal stroke at the bottom of the c completes the 
work. All but two are thus formed. This was the time when 
also y had still a dot placed over it in the usual Latin script of 
charters. These characteristics come together in the earlv 
part of the reign of Henry HL And I think we may feel 
assured then that our copy is of the time when Henry HL 
transferred the Dalston barony to the Bishopric of Carlisle,. 
i.e., 14 Henry HL (1230-31). 

In working up the whole matter afresh,, I have returned 

Strathclvdh and (jai.i.owav Chartkks. "237 

to my first conviction that the openings word is in the first and 
not the third person. ^ Following- a suggestion of the editor 
of the Kuij^lish Historical Review, I had been induced, not 
willingly 1 admit, to give that up. But all the Anglo-Saxon, 
charters which exist and begin in the third person, according 
to the continental form, have the third personal pronoun in 
the opening sentence, not the first, and the much greater 
number, from Cnut's days to those of William of Normandy, 
which begin with the name and have the first possessive pro- 
n(jun in the same sentence, imply the name being in the first 
as equivalent to " I. " One of these^° has a Latin copy. The 
Anglo-Saxon runs : " Cnut Kinge cyde " — the Latin " Ego 
Cnut rex revelo," which fits the case exactly. 

Then as to those to whom the greeting is addressed. 
These greetings in all kindred charters were not addressed to 
the occupants on a separate tenant's land; they were directed 
to all dwellers in the district or territory where the tenant's 
land was and were governed by the grantor. I know of no 
exception to this rule. And those concerned in this matter 
were they who dwelt in the part of the Strathclyde kingdom 
named Cumbria or Cumbraland — Strathclyde south of the 
Solway ; Cumbrians, who had possesed it and were its chief 
population still, with whom the new settlers had become 
immixed. And I take it that the word " Combres " is for 
" Com braise, " or " Conibresc ;" whether for "Commbresc," 
or " Coumbresc," I feel uncertain, but I think the latter has 
something to be said for it, because of the old pronunciation: 
of ou — like it is now in " youth." This Anglo-Saxon form 
is well known ; its use in the word Englisc has come down to 
us as " English," in the south. It became " Inglis " in 
Scotland. I take this as the adjective " Combresc " also for 
the additional reason that in the records of these Lake Coun- 
ties the sign of the genitive is usually missed. ^-^ I should 

9 In this Mr Pluminer agrees. 

30 Thorpe's Diplamatorium AtiiiHcnin acvi Saxon, pp. 332-3. 

11 Two of many instances are Emma Nvcolwyfl' and Anpcneta 
.lacwif in a Chbiu-n rental of 1390. It does not follow that in "the 
original Norse settlement this was so. The names they gave to 
places at the outset as possessions of persons ciytallizyed in use. It. 

238 Str.\th( i.vDK AM) Gai.lowav Charters. 

hardly have expected it so early but that the omission shows 
itself in this very charter twice " on PZadread dagan," and 
" on Moryn dagan. " 

The formula " on weald on freyd on heyning^a " should 
•correspond as well to later expressions in charters as to those 
of Ang-lo-Saxon times. In later days it appears in its simples! 
form as " in bosco " and " in piano," to include land of all 
descriptions, but \\ith much addition sometimes, as in 
Huctred's charier which follcws. One of Edward the Con- 
fessor's to St. Peter of ^'ork has " on wude and on felde, on 
mede and on watere. " Another of the same King- to St. Peter 
-also^ has " on wude and on felde be strande and be lande on 
straete and of straete and on eallan thingan " where the jingle 
shows that the formula was meant as an easy expression lo 
include all classes. If therefore "on weald, on freyd and on 
heyninga " is to have the same comprehensiveness, which 
seems to be intended, "freyd" being the ancient word for 
wood, and " heyninga " being connected with Old Norse 
hegna, to hedge, from which comes " to hayn " and " hayne. " 
an enclosure in MS. Lincoln A, i., 17 (Halliwell, Diclionary of 
Archaic and Provincial Words) and giving the suggestion 
" enclosures " for heyninga; there is left to correspond with 
" weald " the Scandinavian vollr, and this would include 
uplands, open mountain-sides and their wooded glens; an 
unusual meaning for Anglo-Saxon, but not very different from 
the later term " forest " in such districts as Martindale, for 
■ example. 

Next as to the possibility of distinguishing between the 
peculiarities of the lost original and the alterations which the 
thirteenth century scribe may have made. He would keep to 
the sense so far as he understood it, for the reason already 
given — the validity of the document. Of the two letters which 
did not come into use in Latin words in charters and were 
going out of use in English at that time, he has made mistakes 
in one, not throughout, however — p [w) : the other ]> (th) had 

was the after fusion of different tongues Avhieh caused this in terms 
in ordinary usage. 

12 Thorpe. I)ipl., 368; 414. 







Straihclvde and Galloway Charters. 239 

hot so much gone out of use, as certain of the Lowther 
charters of later dates show ; and indeed the Lay Subsidy Roll 
of 6 Edward III., 1332, for Westmorland, gives evidence that 
some of the local compilers of the lists were still using it, and 
that the official clerk who tabulated the whole for the Ex- 
chequer could not understand it. Hence Crakan|>orp is 
turned into Crakarnyrop and Melkan}>orpe into Melkanyroph ; 
possibly by that time the top of the ]> had been shortened 
somewhat so as to be nearer the shape of y, which in the next 
•century it became as in " y*" " and " y' " for the and that. 
At the beginnings of words in the charter the scribe has not 
mistaken the p (iv) ; it is only in the insides of some words 
and at the ends. In general, however, the changes likely to 
be made by the scribe beyond these would not affect the inter- 
nal parts of the words so much as those inflections left which 
would give him some intimation of the connection and the 
sense, and these are very limited, as we shall see. It is evi- 
dent, too, that the original must have been fairly legible when 
copied, or we should not have so much that gives consecutive 

I now turn to the transcription of the document and to 
what occur to me as the best suggestions I can now give of 
emendations, which I hope the parallels I quote will justify. 
After the transcription and emended text I can, I think, offer 
a text which would be nearer the normal Anglo-Saxon had it 
been written, as it was not, in that. The comparison will 
help towards interesting conclusions which I have come to 
about the dialect. 

The parchment is 10 inches by 3! inches, not quite 

The Text as it stands : — 

(iospatrik greol ealle mine wassenas & hyylkun mann freo & 
(trenge ]?eo woonnan on eallun |)am landann }>eo weoron Coinbres 
& eallun mine kynling freondlycc & ic cycte eoy ]> [act] myne 
mynna is & full leof J? [set] Thorfynn mac There bee swa freo 
on eallan d^ynges |?eo beo myne on Alnerdall swa iienyg mann 
beo octer ic oder a^nyg myne wassenas on weald on freyd on 
heyninga & aet asllun dyngan ]>eo by eorde boenand & cteoronder 

240 Strathci.yde and Galloway Charters. 

lo Shauk to Wayfr to poll Wactoen to t^ek Troyte k \to weald 
set Caldebek. & ic wille ]?[a'.l] j^eo mann bydann mict Thorfynn 
<iet Cardeu & Combedeyfoch beo swa freals myd hem swa Melmor 
& Thore & Sygolf weoron on Eadread dagan & ne beo neann 
mann swa deorif [] ehat mid \ [^t] ic heobbe gegyfen to 
hem ne ghar brech seo gyrth dyylc Eorl Syward & ic hebbe 
gecydet hem cefrelycc swa a>nyg mann leofand |)eo welkynn 
deoronder & loc hyylkun by |7ar bydann geyldfreo beo swa ic 
by & swa Willann VValldeof & Wygande & Wyberth k Gamell 
k Knyth & eallun mine kynling & wassenas & ic wille ]> [*t] 
Thorfynn heobbe soc & sac toll and theam ofer eallun }>am 
landan on Cardeu & on Combedeyfoch ]> [»t] weoron gyfene 
Thore on Moryn dagan freols myd bode & wytnesmann on 
]>yylk stow. 

Text amended. 
Gospatrik greot ealle mine wassenas & hwylcun mann freo & 
drenge beo woonnan on eallun ]?am landann ]7eo weoron 
Combres [c] & eallun mine kyniing freondlycc, & ic cyde eow 
b [Eet] myne mynna is & full leof ]? [set] Thorfynn mac Thore 
beo swa freo on eallan dynges ]7eo beo myne on Alnerdall swa 
•<enyg mann beo oder ic oder^^ *nyg myne wassenas on weald 
on freyd on heyninga & gert allun dyngan |?eo byn [on] eorde 
boenand & deoronder to Shauk to Wafyr to poll Wadoen to 
bek Troyte & ]:'eo weald let Caldebek. & ic wille jjset |?eo mann 
[be] bydann mid Thorfynn set Cardeu & Combedeyfoch beo 
swa freals myd hem swa Melmor & Thore & Sygolf weoron 
on Eadread dagan & ne beo neann mann swa deor of J?eaht 
mid I? [eet] ic heobbe gegyfen []; [<Bt] he] to hem ne ghar 
brech seo gyrth dyylc Eorl Syward & ic hebbe gecydet hem 
swa freCo)lycc swa aenyg man leofand ]?eo welkynn deoronder 
& loc hwylkun byn [|?e] ]?ar bydann geyldfreo beo swa ic byn 
& swa Willann [&] Walldeof & Wygande^* & Wyberth & 
Gamell «fe Kunyth & eallun mine Kynling & wassenas & ic 
wille l^set Thorfynn heobbe soc & sac [&] toll & theam ofer 
eallun ]>am landan on Cardeu & on Combedeyfoch |) [ait] 

i^oder for odde appears in the An^lo-Saxon Chronicle in 1277. 

14 Wigan comes as a personal name in charter V. Compare- 
Weland, a possible variation of Willann. 

Strathclyde AM) Gallowav Charters. 241 

Aveoron gyfene Thore on Moryn dagan freol.s niyd bode ^ 
wytnesmann on jjyjlk stow. 


[1] Gospatrik j^reet all my servants and every man free 
and dreng- that dwell on all those lands that were Cumbrian 
and all my kindred amicably and I make known to you that it 
is my wish and my full leave that Thorfynn macThore be as 
free in all thing^s that are mine in Alnerdale as any man may 
be either I or any of my servants in regard to open land, 
forest and enclosed land and with all things that are there 
found on the earth or under as far as Shauk and Waver and 
Wampool and on the open land at Caldbeck. And I will that 
the men that remain wilh Thorfynn at Cardew and Cumdivock 
be as free together with him as Melmor^^ ^Y\d Thore and 
Syg"olf were in Eadred's days : and let no man be so bold of 
counsel in regard to what I have given that he in any way 
break the peace which Earl Siward and I have declared to him 
as freely as any man living beneath the heaven; and look you 
whoever there is that abides there let them be geld free as 1 
am and as Willan and Waltheof and Wygande and Wyberth 
and Gamell and Kenneth and all my kindred and servants. 
And I will that Thorfinn have soc and sac, and toll and theam 
over all those lands at Cardew and at Cumdivock that were 
given to Thore in Moryn's days as a freedom with proclama- 
tion and by voucher at that place. 

This emendation is what I imagine the text to be which 
the scribe of the thirteenth century copied. It has differences 
from normal Anglo-Saxon grammar and spelling, which, I 
think, must have belonged to the original, and are not at all 
hkely to have been made by the scribe. Some of these I will 
take one by one as they occur. There is a tendency to the 
spelling eo for ce or e, as in " greot " for i^rcet or gret, 
" weoron " for wcFron, " leof " for leaf. " |>eo " is for se, 
*• tteoronder " for dcentnder, " heobbe " for hebbe; "mann" 
seems to occur for man and men. There is also the ending un 
for iim, as in " hwylkun" for hwylcum, "eallun" for eallum : 

15 Mjelnior, Mr Plummer says, is Maelmiiire, the tonsured slave 
of Mary, and is Goedelic ; and Kenneth is Irish Cinaed. 

242 Stkathclvdk and Gali.ovvav Charters. 

and strangely enoug-h in " hwylkun " (after the word " loc ") 
and in " eallun mine kynling " towards the end, in both of 
which cases the words ought to be nominative and not dative; 
and again in " ofer eallun ]7im landan. " There is nothing 
to account for this repetition of the same characteristic but 
the possibility of its being a local usage. That these charters 
in Anglo-Saxon followed the local usage is quite clear to any 
one who will go through those which are given in Thorpe, 
and notice the differences which show themselves between 
those of different provinces granted by the same person. 
They must have been written by a local scribe in the dialect 
of the district. 

The next thing noticeable is that the plural of the verbs 
ends in an and ann. This present tense indicative ending, for 
the more usual -ad, has been recognised as beginning in the 
East Midlands, among the Anglo-Danes, and hence it has 
been called the East Midland English. Bur this, after all, 
amounts to no more than that the earliest instances of its being 
adopted throughout occur in literature remaining of that dis- 
trict. There seem to be signs of its beginning in the Rush- 
worth Gospels — rare enough it is true — and these were 
Northumbrian. As a theory of how it began, I venture to 
suggest that it was a replacement of the indicative form by 
the subjunctive, made by the Norse settlers, who found it 
easier not to be too much troubled by forms and moods in the 
language they found where they settled : they had plenty ot 
grammatical forms of their own. But as it w-as Anglo-Dane 
it might easily have reached Cumberland. A characteristic, 
however, of that dialect when developed was the participle in 
ende, while the Northumbrian had ande, and this we have in 
" boenand " and leofand " in the charter. Now neither at 
the time of the original nor of the copy should we expect a 
Midland characteristic (embracing East Aglian) round Car- 
lisle. The charter when vernacular, as I have said, was 
addressed to the local people in their tongue. And had the 
scribe of the thirteenth century altered this to modernise it to 
his days he would have made the plural of the verbs end in i- 
or would have dropped the inflection, approximating it to the 
Norse. Therefore we are thrown back on to the idea that in 

Strathclvde an'ij Gai.lowav Chaktkks. 21.') 

this he made no change, and accordingly that this dialed 
which was afterwards East Midland had begun in the North- 
West in Gospatrik's day. 

The change from accusative to dative which the address 
gives, " Gospatrik greot mine wassenas &- hyylkun mann — 
& eallun mine kynling " is not to be rejected for its irregu- 
larity. For an analogous case (Thorpe, p. 1,^,2) is that in a 
charter of Cnut, which runs : " Cnut cing . . . cyde minan 
biscopan & minum eorlum &- ellan minan fjegnan," where the 
middle is dative and the others accusatives; and though this 
occurs with another verb it is a parallel. " Wassenas," 
which comes in place of the usual " |? egenas " of Anglo- 
Saxon charters, is Keltic; pwasan (Welsh), a page, an atten- 
dant, a retainer, formed from givas, a servant, which was 
Breton as well as Welsh, and, in fact, forms the first syllable 
of Gospatrik's own name, Gwas-Patrik. The variation 
" freals " may be a misreading of the thirteenth century 
scribe; " bek " as we know is Norse (a word like it was^ 
Anglo-Saxon), transplanted to Normandy as well as England. 

The sentence beginning " & nc beo neann mann swa 
deorif," with the blurred word following, is a difficult one for 
several reasons. In its midst comes the blurred letter, where 
after very close examination I think it is plain that the scribi" 
began a word with m. The remains of a partly expunged 
letter fits this letter only. He had, I imagine, begun the word 
" mid," which next follows, by mistake; then he appears to 
have expunged and in doing this somewhat disturbed the 
word " freals " in the line above, and partly washed out the 
lower portions of the a and I and disarranged the lowest por- 
tion of the long 5. The parchment shows this more clearly 
than the photograph. Then he continued his writing before 
the parchment was dry. Hence the ink spread. .And one 
mistake often leads to another, though the very fact of this 
expunging, I take it, shows that he was awake to his work, 
and instead of writing " J^eaht " (which in pure Anglo-Saxon 
should have had an inflection c), he wrote " }?ehat," and then 
went on with " mid " in its proper place. But there is 
another difficulty in the word preceding. An Anglo-Saxort 
adjective ending in if is, I think, unknown. The /, too, is. 

•244 Sir AiHci.vDt: ano Gai.low av Chartkrs. 

■made dit¥erently from all the others save one. What occurs 
to me as likely is thai the / in /'/ represents a half-faded o, in 
of, and that the original text had " sua deor of ))eaht(e). '" 
There is an example in the Lindisfarne St. Matthciv which was 
of course a Northumbrian version in w, 8, " claene of hearte " 
(pure in heart^^). The usual word in the connection is 
" dyrsti(g-)," as in Cnut's charter (Thorpe, 308). But William 
of Normandy (Thorpe, 439) has " & ne beo nan man swa deori 
])e hit undo ]> [a;t] ic hebbe gecydet Criste " (and let no man 
be so audacious that he undoes what I have declared as given 
to Christ) in a charter to Beverley. The adjective " deor " 
is more usual than " deort," and would fit here. As for its 
first letter being- turned into an aspirate d , this need not dis- 
concert us ; the aspirate was uncertain enough in the district 
and occurs in the very name Cardew, written also Carthew, 
both forms occurring about 1300 a.d. 

In the remainder of the sentence it is plain that something 

"has slipped out. " Swa deor " needs a "J? [tet] " to follow — 

" So audacious that he." This should come after " )>eaht 

■or after " gegyf en. " And that it was after " gegyfen 

.appears to me plain by the words " to hem " which follow. 

I have looked through very many pages of Anglo-Saxon to 

.try and discover instances of " gifan " being followed by 

" to." The result of this search, which has included looking 

through many charters, has been to discover the lollowing 

law : — Ciifan, forgifan (grant), sellan (give), iiJiuan (bequeath), 

.and geunnan (concede) are followed by the dative of the 

persons to whom the gift is made — as is the case lower down 

in the charter " gyfene Thore," but w'hen the grant is to a 

place for the sake of the people therein to or into follows, as it 

does in such an expression as " into the hands of." Thus 

ic forgyfe . . . to ]> aere halgan stowe aet Scireburnan " 

(Thorpe, 124), I grant to the holy place at Shireburn. When 

it is to a church or a monastery it is also irito that follows, as 

In Thorpe, pp. 191, 230, " see biscop gesealdej;a hida into 

]>aere cyricean " (gave the hides [land] to the church). But 

16 The alternative is that this / is parasitic, which Mr Pluramer 
rsuggests, but I think less likely. 

Strathclyde and Galloway Charters. 245, 

when the saint to whom the church or monastery was dedi- 
cated is named as the receiver, the dative returns, as in Thorpe, 
368, " ic habbe geg-yfen Criste & Sancte Petre into West- 
minster." It does this also when the community of the reh- 
gious house is mentioned, as Thorpe, p. 477, " agefe |? am 
hywum," and 579, " ic geann ]^[aet] land );am hirede ait 
Cristes cyrcean "^ — the family or household. 

These examples are of different ages and from different 
parts of the country, and there are plenty more, and in one 
and the same charter may be found at times instances of the 
different constructions. " To hem " then cannot belong to 
" J?6g!'yf6">" ^ut must belong to the words which succeed 
them. And this use of " to " is but an expansion of the way 
in which it is used in " to Shauk to Wafyr, to poll Wactoen 
& to bek Troyte," which mark the limits of the district within 
which and towards which the freedom was granted — its boun- 
daries ; while " l^eo weald a?t Caldebek " was within that 
region, and has the subtle distinction that therefore " to " is 
not affixed to it. Breaking the " grid to hem " (in regard 
to him) was breaking it in his direction — towards him, in 
regard to him, and is a kindred use of " to." 

The two words by which I supply the omission after 
' g'^^yf^" " ^^^ " )^[^t] he," and take up no space which 
would disturb the line, i.e., they might very easily have been 
left out. " Ne ghar brech," as it is, could not have been 
written by one to whom Anglo-Saxon was his native tongue. 
The words evidently take the place of " nahwar " or 
" nahwaer brece " (subjunctive) : the ch can hardly be a mis- 
take for the indicative singular ending ]> in this case. And 
this seems to me to suggest that the writer of the original deed 
was one who was of Keltic or mixed race, and only knew 
Anglo-Saxon (in a dialect) as an acquired tongue. There is 
nothing extraordinary in this in such a district. ^'^ 

" Gyrth," spelt with tJi instead of d or ]? , is anothcr 
anomaly. But grid, which it represents, was a Norse word, 
and it is noticeable that all the Norse and some Keltic words 

17 Though I quote from Thorpe only, I have consulted charters 
in Kemble's Cod. Dipt., but the quotations from Thorpe seemed 
BuflBcient. All tell the same tale. '• 

24r, S■n^\|■^^ i.M)i'; and Ciai.i-ow \\ Charikrs. 

in the charier which ha\c thai C()ml)inati()n //; in them are nol 
spelt with either ]? or d , but have th separate letters — Thorfynn, 
for example, and There and Wvberth and Kunyth. Waldeof 
had become naturalised amongst the Anglo-Danes. This 
seems to show that the //; had a different sound, probably 
harder and stronger, and the different spelling- cannot have 
belonged to the thirteenth century copy, but to the orig-inal. 
" Gyrth " has also the transposition of the vowel and liquid 
which entered into several place-names in Westmorland, 
where we find Mebrun and Meburn, Clibron and Cliburn. 
" Seo g-yrth dyylc " ha,s other anomalies; " g^rid " in Ang-Io- 
Saxon is neuter and " seo " feminine; " |>eo," the usual form 
for " ]7e " in this charter, would have done, but the confusion 
of genders as well as of cases is quite explainable. "Gecydct " 
is not the usual form, which is " gecyded," but it reminds one 
of the Scottish termination " it " for cd — (•..<:.. bobbit for 
bobbed — and, moreover, it is used in the charter of William of 
Normandy already quoted (Thorpe, 438). For "dyylc" 
(different from " |>yylk " in the end of the charter) I can only 
sug-g-est a fusion of l>e (which) and ilea (the same, which 
same). Ilk still remains in Scotland, and the Lindisfarne St. 
Matthew xxvii., 10, has " ]'a ilco " for " those," which 
would be an antecedent, it is true, but "]7j" and •' ]>;vt ' are 
u.sed in Anglo-Saxon for antecedent and relative. 

" Cefrelycc " is a difficulty which appears to show that 
the thirteenth century scribe nodded for a moment. The 
" ce " can only replace " swa," and can only have been pos- 
sible after the practice was begun of sounding c soft before cA^ 
This may have caused the slipping out of c at the end of 
Combresc," and quite possibly the double c at the end of the 
adjectives (" freondlycc," etc., instead of ce) to keep the hard 

We must not be too particular in all instances in pouncing 

on Gospatrik's grammar. Here he means the adjectixe 

freely " to apply to the receiver of the grant, but he uses it 

as if it applied to the giver. " Welkynn " answers to the 

" Anglo-Saxon " wolcnum," but this would be rightly dative 

18 This had begun in the tenth century. See the New English 
Diet, under C. 


plural (the clouds or skies), and shows perhaps in the c a 
remnant of an old vowel-change oJF the plural; and " |>eo " 
must be the indeclinable " ]>e," not a feminine demonstrative r 
"deoroncter " for " djeruncter " again need excite no sur- 

The next sentence is characteristically Anglo-Snxon, 
except for the " hwylc " having the termination -ini, which 
could only be used in a tongue imperfectly acquired. A 
parallel to the phrase is in a charter of Eadward the Confessor, 
Thorpe, 391, " and loc hwilc bisceop darofer byd |)at hit beo 
him under |)e()d " (and look each bishop that is over it that he 
have it remain subject to him). 

" Byn ]7ar " is, so extraordinary that something must have 
been omitted, and the easiest correction and the most natural 
is the insertion of the relative " |) e " (who, which), which also 
would occupy the space apparently left, easily, and allows 
" by," i.e., hyii, as in the preceding instances in the charter, 
to be a part of the verb to be all through : i.e., " byn " for 
heon, and sets " bydann " right. 

" Willann " 1 can take most easily for a personal name 
and not the verb. My reasons are that Willan(n) is known to 
have existed as a family name from at least the fourteenth cen- 
tury to the present day in Westmorland, and there is nothing 
in the earliest records wherein the name occurs to suggest 
that it was then new; and that the " swa " fits better thus to 
the general sense. ^^ One has to remember that the greeting is- 
to his " kynling &- wassenas," and it is somewhat awkward to 
be telling- them that they joined him in willing what he alone 
had the right to grant. The consent of the eldest son or heir 

19 Besides which, to have the dative ealluri playing the part of 
nominative, even in this charter with its strange hyylkun, would be 
too extraordinary. The name Wi]lan[n], moreover, occurs as a 
surname in Ck>urt Rolls of Mauds Meaburn, in the earliest that I 
have seen [of 1340] as Welane, in 1412 and in 1473 as Willane. It 
may be a variant of Weland. It should be remembered that Mauds 
Meaburn was the possession of Maud de Morville, whose husband's 
family, Veteripont, as well as her own father's, had much connexion 
with Cumberland. Willan occurs as a surname in Cartmel in 1583, 
and in the Yorkshire border of Westmorland in 1659; also in the 
Kendal Boke off Recorde from 1575. 

248 Stha'ihci.vdk and (iALLowAv Chartkrs. 

was often expressed, but here neither Gospatrik, who suc- 
ceeded to his earldom of Dunbar, nor Dolfin, who succeeded 
to the lordship of Carlisle, is mentioned. Were witnesses in- 
tended thus it would be an isolated example in a charter which 
is of the type of the usual Anglo-Saxon charters of the eleventh 
centurv. " Swa " expresses the amount of freedom granted, 
as enjoyed by himself and those he mentions. 

" Myd bode and wytnesmann "—by proclamation and 
the vouching of the official who attested the overlord's will. 
This very word witenesman is used in Final Concords, 40 
Henry III., Westmorland, for this kind of official appointed 
by the overlord for court baron, and fed at the expense of the 
under-tenant when on service in his locality. 

" |7yylk stoy " is for "pyylk stoiv {i.e., siop), and though 
it is practically an antecedent to which a relative might follow, 
|>yylk must have had the same origin as " dyylc " above, 
possibly with a different sound in the first letter. As a word 
it remained till Chaucer's days. In both these cases the ry 
cannot be an error for wy. 

One practical conclusion from the charter is a fresh colour 
given to the Distributio Cumberlandie (Prescott, Wetherhal, 
384). We learn that though Dolfin may have been expelled 
and Ranulf Meschin have been put into his place, Ranulf's 
gift of Allerdale to Waltheoff was only a reinstatement or .1 
confirmation of what he must have held under Dolfin, and jio 
new first grant. And all through the Distributio we may read 
something the like behind. 

Attempt at producing the charter in more normal form. 

Gospatrik gret ealle mine wassenas & hwilc mann freo & 
(trenge ]>e wunad on ealluni |?am landum ]?e waeron Combresr 
& ealle mine kynling freondlyce &, ic cyde eow ]> [setj min 
unna is & full leaf ]> [set] Thorfynn mac Thore beo swa freo on 
eallan j^inges Jje beo]> mine on Alnerdall swa aenig mann beo odde 
ic odde ainyg mine wassenas on weald on freyd on heyninga & 
let eallum ]7ingum ]7e beo]> on eo']>e boenende & d^erunder, to 
Shauk to Wafyr to poll Wadoen to bek Troyte & "pam wealde 
aet Caldebek & ic wille ]> [tet] |;a menn ]>e bidad mid Thorfyna 
Jet Cardeu & Combedeyfoch beon swa freols myd him wnsi 

r o 


=■ 1. J - i - a w it «^ & 'T £ r 

"," '^^^^■'■'<u*H^ 


-- s 

^i |"S.«o ^ 

Strathclvde and Galloway Charters. 


Maelmov & Thore & Sigolf waeron on Eadreades dagum, & ne 
beo nan mann svva dyrstig mid ]> [set] ic hsebbe gegyfen p [*t] 
he nahwaer brece jnet grid |>c Eorl Syward & ic habbad gecyded 
liim swa freolyce swa i«nyg nianne under wolcnum, & loc hwilc 
heon 'pt |>ar bidad geyldfreo beo swa ic beo & swa W'illann & 
AValldeof & Wygande & VVyberth & Gamell & Kunyth & ealle mine 
kynling &, wassenas, & ic wille J> [a^t] Thorfyn hsebbe socna & 
sac tol & team ofer ealluni ]?ani landum on Cardeu & on Com- 
bedeyfoch )) [set] wseron gyfene Thore on Morynes dagum freols 
myd bode & wytnesmann on |>a ylcan stowe. 

II. — Charier of Huctred (Uctred), Son of Fergu.s, to 
Richard, Son of Troite ; Between ii6i and 1174, 
Probably about 1170. 

Huotredus filius Fergusi 
omnibus hominibus suis et 
amicis, clericis et laicis, Francis 
ot Anglicis et Galguensibus 
tam futuris quam presentibus 
sahitem. Sciatis me dedisse 
et concessisse et hac mea carta 
confirmasse, concessu Rodlandi 
fiHi mei et heredis Ricardo fiHo 
Tructe et heredibus suis totam 
tcrram de Loclienelo cum 
rectis divisis suis quibus 
uriquam aliquis eam habuit et 
tenuit melius et plenius et pie- 
narius, aud t-enen<huii de me et 
de lieredibus meis pro servit^io 
unius militis in feudo et liere- 
ditate sibi et heredibus suis et 
quam diu ego reddam chaau 
del cro et de defense, ioaii 
dabit mihi per annum pro 
libero servicio suo octo libras 
argenti, quatuor ad pentecos- 
ten et quatuoi- ad festuni 
Sancti Martini, et per hoc libel' 
et quietus erit ab omni servicio 
et consuetudine apud regem 
Scotie et apud me et horedes 
mens; et cum liber et quietus 
fuero del chiian. libeixi et 

Huctred son of Fergus to all 
his men and friends clerical ajid 
lay. French and English and 
Galwegian, as well those to 
come as those now living, 
health. Know ye that I have 
given and granted and by this 
my charter have confirmed, by 
consent of Roland my son and 
heir, to Richard son of Troite 
and his heirs the whole land of 
Loc-henelo, with (in) its right- 
ful bounds in which any one at 
any time had and held it to full 
and complete advantage. To 
him and his heirs to hold of me 
and my heirs in fee and here- 
dity for the service of one 
knight. And so long as I (have 
to) render the payment for 
prosecution of crime (blood- 
shed) and defence he shall give 
me yearly for his free service 
eight pounds of silver, four at 
Pentecost and four at Martin- 
mas, and by this he .shall be 
free and quit of all service and 
customary dues with the King 
of Scotland and with me and 
mv heirs. And when I shall be 



quiete teneat terram pretlictam 
per servicium \mius militis. 
Quare volo et firmiter precipio 
lit pretlictam terrain habeat et 
teneat cum omnibus j>ertinen- 
tiis et libertatibus eidem terre 
|)ertinentibus, libere et quiete 
in bosco et in piano in monas- 
teriis in molendinis in aquis in 
stagriis in paschuis in panna- 
^iis in sallinis in harenis in pis- 
<'hariis in viis in semitis in 
A enatibus omnium bestiarum 
in portubus in haeribus anci- 
pitrum et omnium aliarum 
avium et in omnibus libertati- 
bus et proficuis eedem terre 
pertinentibus. His testibus. 
Christiano episcopo Roberto 
archidiacono suo Gilleberto 
capellano Johanne nepote suo 
Thoma clerico de Torpenneu. 
Roberto clerico vicecomitis. 
Jioberto filio Tructe. Bernardo 
Flandrensi Willo. et Nicholao 
nepotibus suis Ada nepote 
Eoberti filii Tructe, Roberto 
iilio Sungeve, Radulpho clerico 
de Carliol, David filio Teri, 
Normanno obside, Nicholao filio 
David Agustino fratre suo. 
Hivone de Stoohes. Willo. filio 
Renboldi Herberto filio 

Hugonis maraschaldi, Willo de 
Cantelu[p], Andrea de Dun- 
frees Henrico fib'o Hodardi, 
Willo. clerico de Louchamaban. 
Sinione fratre Ricardi Mar- 
chaldi, Gille Catphara, Gille- 
berto filio suo Gillemore 
Albanac, Gille Cohel. Mac- 
herne cum multis aliis. 

treed and ciiiit Iroiii tlie pay- 
ment he shall hold freely and 
(luietly the at'ores;iid land by 
^lu' servici' ot one knif^'ht. 
W'lu'refore 1 will and firmly 
order that he shall have and 
iiold the aforesaid land with all 
ihe belongings and liberties 
l)ertaining to the same land, in 
undisturbed fieehold : in wood- 
land and cleared lan<!. in min- 
sters and mills in streams in 
ponds in meadows and pastures 
in pannages and salt pans in 
sand banks and fisheries, in 
loads and ways and rights of 
hunting all beasts of the cha.s<\ 
in havens, in aeries of hawks 
and all other birds, in all liber- 
ties and profits j>ertaining to 
the same land. As witness 
these: — Christian the bishop, 
Robert his Archdeacon, Gilbert 
the chaplain, John his nephew, 
Thomas the clerk of Torpen- 
how, Robert the sheriH:'s-clerk, 
Robert son of Troite. Bernard 
le Fleming, William and 
Nicholas his nephews, Adam, 
nephew of Robert son of Troite, 
Robert son of Sungeva, Ralf 
the clerk, of Carlisle. David 
son of Terri, Norman the host- 
age, Nicholas son of David, 
Augustine his brother. Ivo de 
Stoches. William son of Rein- 
bold, Herbert son of Hugh the 
Mar.shal. William de Cante- 
lu(p), Andi-ew de Dumfries, 
Henry son of Hodard. William 
the clerk of Lochmaban, vSimon 
brother of Richard the iVIar- 
shall, Gillecatfar. Gilbert his 
son. Giimoi- Albanach. Gilcohel, 
.Maclierne. with many others. 


is charter's greatest interest is, I think, its dating- froi 

Strathclyde and Galloway Charters. 251 

the transition period when the old Keltic^o services to the 
sovereign and the superior lords were being changed into the 
feudal tenure of military service. Skene's history {Celtic 
Scotland, iii., ch. 6) has much dissertation about what went 
on during this change in Scotland. But it took place not only 
in Scottish but early English tenures, Anglo-Saxon and Anglo- 
Danish ; and the analogies betw een the changes in Galloway 
and in Westmorland and Cumberland are best realised by 
comparing both. 

The old Keltic services were Cain (Chaan) and Conveth, 
Feacht and Sluaged. Cain and Conveth were imposts on 
produce from land, which was grain from arable, and pigs and 
cattle from pasture. Cain was the revenue of the sovereign 
(beyond that, I suppose, from his private demesne) for his 
general support and that of his regal position, his court and 
formal dignity. Conveth was a special application of this in 
addition, namely, supply for the King or his representative in 
the journeys taken from place to place within his dominions to 
hear pleas and give judgments and to carry on administration 
of law. It would now be described as supply for civil service, 
and the amount due from anyone liable to the tax was for 
maintenance and hospitality for the night or nights when the 
King's administrative court was in the neighbourhood of the 
payer. Like the Cain, it was a current tax, but less in 
amount. The other services, feacht and sluaged, were in 
reality one in two names, the Latin equivalents of which were 
expeditio and exercitus, that is, defence of the realm or the 
King's service in attack of another sovereign. Put together 
they were called servitium Scotiiciim. In England they were 
called hosting and expedition. But 1 think " defense " can 
hardly refer to this. 

The change to feudal tenure was to tenure on other terms 
than the payment of Cain and Conveth ; namely, to possession 
by duty of military service. In Cumberland and Westmorland 
this was termed cornage, and it carried with it not only 

20 I use tlie term Keltic as the general term of those ra^es. 
which comprised the Cymry. the Gael, the Breton, and the Krse, 
without necessarily implying that all the usages discussed belongefl 
to all ahke. 

252 Strathclvdk and Galloway Charters. 

homage and fealty to each immediate superior by one and 
other up to the chief lord, but a small payment made half- 
vcarly in acknowledg-mcnt of the superior lord's right. But 
the old dreng- tenures were not all changed to this in these two 
counties ; some were carried on as socage tenures, that is, 
hereditary tenures held by payment of true rent, " alba firma," 
assayed silver. It does not follow that the owners of these 
were not liable to military service, but those owning in corn- 
age held their land on the condition of military service only, 
and, I suppose, paid smaller dues on the strength of that. 
Both tenures were liable to a secondary tax as an intermittent 
demand called subsidy. The earlier English services were 
analogous to the Keltic ; namely, the feorni parallel to Cdin 
and Conveth, and the fyrd, which was the expedition and 

In the change to feudal service in Scotland, as I under- 
stand Skene, the transition was intervalled through the stage 
of feodiferma, and the feudal service only reached its climax 
in the times of the Balliols and the Bruccs. The transition, 
feodi firma, feu-farm, was practically much the same as the 
socage holding of Westmorland and Cumberland, a perpetual 
rent for a holding which was heritable, but it was held iu 
capite, and certain duties of liability to the expedition and the 
defence of the realm were attached. 

Besides these services and revenues the sovereigns in Eng- 
land, and probably Scotland, had dues from tolls and such 
things as mines and saltworks and heriots and proceeds from 
courts of law and the goods of felons and outlaws, and the 
penalties exacted on a district for " murdrum " (homicide and 
blood letting) : this last in Keltic seems to have been called 
cro. These dues were supplementary to the expenses of Ad- 
ministration and of enforcing the orderliness understood as th-- 
King's peace. W^hether all these belonged to the purely Gaelic 
part of Scotland I do not know, but Galloway was a borderland 
and coastland possessed by different races and dominations, 
Anglo-Saxon, Anglo-Dane, Norse from Norway probably, and 
the Hebrides and Ireland, and lastly from Normandy, and all 
this admixture with the original Gael was likely to result in 

Strathci-ydI' and Gai.i.ow a\ Charters. iTio 

assimilation from something- of all, and as the terms in these 
charters shew from the latest, Norman French. 

In Huctred's charter, Conveth is not mentioned and 
Chaan has come to be a general word for tax or impost. For 
it has not only to include Conveth, but is applied to the pay- 
ment for " cro. " In the change which Huctred shows he was 
anticipating, it seems as if he expected the grant from the 
Scottish King of what in England would be called " sac and 
soc, and toll and team," and its accompaniments, as granted 
to the greater barons, amounting to extensive rights of juris- 
diction and the profits of these; in which case he would not 
have to transfer these profits and pay the " chaan del cro " to 
the vScottish King. 

This sets one thinking. In the charter of (lospatrik, 
which belonged to the region of the Strathclyde sub-kingdom, 
lying next to Galloway, the earl in possession was able to 
grant these to a holder under him ; this, Gospatrik would do 
as a scion of the Scottish house, and as ruler of what was 
Cumbrian, the relics of the English side of Strathclyde. But 
Huctred's charter, though granting rights and liberties even 
in salt pans and the chace and aeries and havens {i.e., tolls), as 
if almost a sovereign, makes no mention of the administration 
dues, and it looks as though up to that point the lords of 
Galloway possessed these only in a restricted way and could 
not grant them out, and were expecting extension of their 

The expression " chaan del cro et de defense, ioan " is 
difficult. It seems at first to be in two languages, if not in 
three. " Del " coming in the first part suggests Norman 
I'rench as one of these, but the " de " might be confusion 
with Latin. I have looked up Gaelic dictionaries in vain to 
find any word to answer to " ioan," and have come finally 
to the conclusion that, as in other cases of which I have now 
some proof, this charter must have been one of two copies, 
the one written for the grantor's custody and his heirs, the 
other for the grantees, and that the word ioan is a scribal 
error in copying out. I have found pretty certain evidence 
that grantors could not always have made sure that the con- 
tents of their charters, which most of them could not read,. 

254 Stkathclvdi-: and (iAiJ,(>\VA\ Chaktkks. 

were accurate in every particular, thoug-h the main points 
were made sure. And the word " ioan " lakes the place of 
an evidently needed " tarn diu :" probably " ioan " was writ- 
ten instead of " tain," and " diu " was missed. And as the 
word " cro " stands so clearly for the seigniorial claim to 
l^enaltics lor crime it shcjuld be possible to take " de defense 
for the claim to the proHts of g-ranting- defence and leg-al ad- 
ministration in the courts : these cases were always expensive 
as those of the appellant were, and implied profits for the 
rulers. And the whole intention of the sentence is that for 
these seigniorial profits which Huctred held as a g-rant from 
the King- he was paying- a toll, but hoped to be set free by 
having" the g-rant as a franchise, and when that happened he 
would not exact the eig^ht pounds of silver. tVom Skene and 
from the HoJyrood chartulary I have been able to learn much, 
as well as from Sir Herbert .Maxwell and from Ag-new's 
Hereditary Sheriffs of Galloway, but nothings to elucidate this 

Richard, son of Troite, to whom the charter was g^ranted, 
was a brother of Robert, son of Troite, whose name Chan- 
cellor Prescott {Register of Wetlicrhal) reminds us occurs as 
Sheriff of Cumberland from 1158 to 1173. Richard's name 
appears in the Pipe Rolls of 5 Richard I. (1193-4); but it does 
not follow from that that he was living- still, only that his debt 
had not been discharged. His son had seisin of Gamelsby in 
10 Richard I., which makes his death before then certain. 
Denton in his " Accompt " shows that he had reason to 
assume or believe relationship between the families of de Troite 
and de Karliol. And we may be certain that there was a 
marriag-e between them, though we may not be able to give 
the particulars. A descendant of Hildred de Karliol, though 
probably not of de Troite, was Cristina de Ireby, wife of 
Robert de Brus (Prescott, p. 147). But a point which strikes 
me as worthy of notice is that apparently Tructa (Troite) is ci 
woman's name, and if so the instance seems one of the survival 
•of the Keltic custom of carrying down remembrance 
of relationship, in amongst the predominating Norse and 
Norman custom of patronymics which surrounded it and 
'extinguished it. Nor is it the only instance I have met with. 

Strathclvde and Galloway Char iers. 2b') 

Of the witnesses, Christian was Bishop of W'hitherne from 
1154; he died in 1186 (Prescott, WctherhuJ. p. 85). Norman 
" obses " whoever and whatever he was witnessed also a 
charter of Adam, son of Swain, i^ivino- Kirk Andrew to 
Wetherhal, as also did Augustine, son of David, whose 
brother attests here (Prescott, p. 311). David, son of Turri, 
occurs as a donor of a Galloway church to Holyrood in a con- 
firmation of the i^ift by John, Bishop of Whitherne, and one 
by William King- of Scots to Holyrood {Charters of Holyrood. 
pp. 39, 40). John became Bishop of Whitherne in 1189. 
Gilbertus capellanus witnesses a charter of Bishop Christian 
confirming the g-ift of Dunrod church to Holyrood {Charters 
of Holyrood, p. 20). Gillemore Albanach is witness to a g-ift 
by Uchtred, son of Ferg^us and Gunhild, of Torpenneth church 
to Holyrood {ibid. , p. 20). Gillecatfar collectaneus Uchtredi 
(foster brother of Uchtred) is witness to Uchtred 's g-ift of the 
church of Colnianele to Holyrood {ibid., p. 19). Bernard le 
Fleming- (Flandrensis) is mentioned by Denton (Accompt. 
142) as owner of Leversdall in Gilsland. 

The way in which the Denton family acquired this charter 
and also that of Edward de Brus is g^iven by a pedig-ree 
among-st the remaining Denton MSS., I think in the hand- 
writing- of one of the Dentons : — 

John he Crofton. Reginalh. smi of Truite. 

Robert. Richard. 

I ! 

Thomas. Maruarkt = Robert i>k Whampole. 

John = Helewisa. 


Some of the Grinisdale property was acquired either im- 
mediately or after passing- through other hands by the Denton 
family. The Holm Cultram charter came through Whampole. 
the Huctred charter from de Truite. 



HI. — Charthr ok Edward de Brus, Lord of Gallowav, to 
Holm Cultram. 

l^klwardus de Brus, doniiniis 
Galwidie iiniversis Christi 
fidelibus [visuris] v<?l audituris 
salutem in Domino sempiter- 
nam. Noveritis me pro salute 
anime mee et omnium ante- 
oessorum et successorum 
meorum dedisse remisisse et 
omnino pro me et heredibus ac 
assignatis meis quietum cla- 
raasse religiosis viris, Abbati et 
Conventui de Holm [Cultram] 
[et] eorum successoribus illam 
annuam firmam decem librarum 
sterlingorum quam reddere 
.solebant d[ominis] d[e] B[otil] 
[pro terris] suis quas habent 
apud Kirke Wynny in Galwidia 
in liberam et perpetuam 
elemosinam ex d[onacione et] 
concessione Rolandi filii Huc- 
tredi et aliorum donatorum : 
ita quod nee ego dictus Ed- 
wardus nee aliquis hereduni 
aut assignatorum meorum nee 
aliquis alius in dicta- annua 
firma aliquid de cetero exigere 
potuerimus nee vendicare. In 
cujus rei testimonium hoc 
presens scriptum sigilli mei 
impressione roboravi. 

Edward de Brus. Lord of 
Galloway, to all Christ's faitli- 
I'ul who shall see or hear this, 
everlasting health in the Lord. 
Know ye that I, for the health 
of my soul and of the souls of 
all my ancestors and successors, 
have granted, remitted, «nd 
entirely quitclaimed foj- myself 
my heirs and assigns, to the re- 
ligious, the Abbot and Convent 
of Holm Cultram and their 
successors that yearly payment 
of ten poiinds sterling which 
they were wont to make to tlie 
lords of Bothel21 for their hind.s. 
which they have at Kirke- 
wynny [Kirkgunzeon] in Gal- 
loway, in free and perpetual 
alms, by the gift and grant and 
concession of Boland son of 
Huctred and other donoi's : So 
that neither I, the said 
Mward, nor any of my heirs or 
assigns nor any one else will be 
able to make any claim hence- 
forth in the said yearlj^ pay- 
ment. In attestation of which 
I have fortified this present 
writing with the impression of 
my seal. 

The seal has the early Brus shield, a saltire and chief. 

The text in the gaps is restored by the great kindness of 
Chancellor and Archdeacon Prescolt from a copy of the Holm 
Cultram Chartulary in the British Museum. This charter is 
not given in the Carlisle copy; but Huctred's charter in that, 
Chancellor Prescott tells me, grants the Kirkwynny lands 
subject to the p£,io payment to the lords of Botil. This looks 
as though the lords of Bothel (or Buittle) held lands in Kirk- 
gunzeon out of which Uchtred's grant was made, and that the 

21 Or, less probably. Buittle. 

Strathclyde and Galloway Charters. 


payment reserved something of their rights. The means by 
which this charter came into possession of the Denton familv 
I have already alluded to. 

IV. — Letter Patent of Edward de Balliol, King of Scots 
FROM 29 Sept., 1332 till 20 Jan., 1356, Containing \ 
Grant to John de Denton. 

Edwardiis Dei gratia rex 
Soottomm omnibus ad quos 
presentes litere iiervenerint 
salntem. Sciatis nos dedisse 
ooncessisse et hac presenti 
carta nostra confirmasse dilecto 
valetto nostro Johanni de 
Denton pro bono et laudabili 
servicio sno nobis impenso et 
jmpendendo forestam de Gar- 
nery que fuit Willi Gasguensis 
episcopi cum pertinentiis 
inimici et rebellis nostri et que 
per forisfacturam ejudem Epis- 
copi ad manus nostras jam 
devenerit, habendam et tenen- 
dam eidem .Johanni et heredi- 
bus suis de corpore suo legitime 
procreatis de nobis et heredibus 
nostris per servitia inde debita 
et de jiire consueta, ac etiam 
secundum legem et consuetu- 
dinem regni nostri Scotie in 
valore 20 marcarum per 
annum, et si quid ultra exten- 
tam predictam inveniatur nobis 
efc heredibus nostris remaneat. 
Ita tamen quod dicta foresta 
cum pertinentiis non sit de 
corona seu hereditate nostra 
nee alicui vel aliquibus ante 
hec tempora per nos donata, ac 
salvo jure cujuslibet. In cujus 
rei testimonium huic presenti 
carte nostre sigillum nostrum 
priva,tum apponi fecimus. 
Datum . apud insulam de 
Estholium xxi die Sept, anno 

Edwai-d by the grace of G^d 
King of the Scots to all to 
whom the present letters come, 
health. Know ye that we have 
given and granted and by this 
present charter of ours have 
confirmed to our beloved ser- 
vant John de Denton for his 
good and praiseworthy service, 
given and to be given, the 
forest of Garner^' which with 
all its belongings was possessed 
by William, bishop of Glasgow, 
an enemy and rebel against us, 
and which by forfeiture of the 
same bishop came into our 
hands : to be had and held by 
the same John and the heirs of 
Ids body lawfully engendered, 
of us and our heirs by the ser- 
vices therefrom owed and 
customary, and also according 
to the law and custom of our 
Kingdom of Scotland, in value 
of 20 marks yearly, and if any 
value beyond this is discovered 
it shall remain to us and our 
heirs. Provided also that the 
said forest with its belongings 
shall not be crown possessions 
nor hereditary nor shall have 
been gi-anted by us before this 
to any one or more persons ; 
and reserving every one's 
right. In attestation of which 
we have caused our privy seal 
to be affixed to this present 
charter. Given at the isle of 


regni uostri soxix) dccimo. Kastholni on the i?lst ot Sep- 

tember in the 16tli year of our 
rei{?n [1347]. 

A line sea! ; the Scottish Hon and bordure, and the inscrip- 
tion " Kduardus dei "ratia rex Scolorum. " 

V. — Charter of Alan, Son of Roland, Lord of Galloway 
AND Constable of Scotlamd, to John de NEWHioGiNr. : 
OF Date between 1199 and 1225. 

Alanus filius Rolandi Scotie 
Ck>nstabiilarius Omnibus >'Mmi- 
nibus suis tam Franciis quaiii 
Anglicis, Saluteiu. Sciatis me 
c-onfirmasse Johanni filio Laur- 
antii de Neubiging et heredi- 
biis suis totas tres partes tocius 
terre que est inter Trutebec et 
divisas de Sourebi et inter 
viani regalem Carleoh et Edene 
cum thoftis et croftis qui sunt 
inter Castellum Welp et moleii- 
dinum, cum uno tofto' et crofto 
ex altera parte vie, pro una 
carucata terre. et commune 
aisiamentum de Kirkebi 
There. Preterea ei concede et 
confirmo totam medietatem de 
Hellebec quam Thomas de Hel- 
lebec dedit Roberto, dapifero 
de Appeibi, cum Dionisia sorore 
sua ad tenendum de successori- 
bus Thome de Hellebec adheo 
libere et quiete sicuti carta 
testatur quam habet de pre- 
dicto Thoma de Hellebec et 
carucatam terre de Kirkebi 
Thore ad tenendum de success- 
oribus Waldevi filii Gamelli 
sicuti carta testatur quam 
habet de predicto Waldevo filio 
Gamelli. Quare volo et concedo 
quod predictus Johannes et 
heredes sui teneant et habeant 
omnes istas prediotas terras 
bene et in pace libere et quiete 

Alan .son of Roland, Con- 
stable of Scotland, to all his 
men, French as well as lilng- 
lish — health. Know ye that I 
Jiave granted and by my pre- 
sent charter have confirmed to 
John son of Laurence de New- 
bigging and his heirs the whole 
of the three parts of all the 
land which is between the 
Troutbeck and the boundaries 
of Sowerby and between the 
King's highway to Carlisle and 
the Eden, together with the 
tofts and crofts which are. bt^ 
tween Whelp's Castle and the 
mill, and one toft and croft on 
the other side of the road ; (to 
be held) as 1 carucate of land : 
and the easement (rights) of 
common of Kirkby Thore. I 
concede besides and confirm the 
whole moiety of Helbeck which 
Thomas de Helbeck gave to 
Robert, seneschal of Appleby 
with Dionisia his sister, to be 
held of the successors of 
Tliomas de Helbeck as freely 
and securely as the charter 
which he holds of the aforesaid 
Thomas de Helbeck testifies. 
and the carucate of land at 
Kirkbythore to be held of the 
successors of Waltheof son of 
Gamel, as the charter which 
he holds of the aforesaid Wal- 


1 Hvnuf^i .J^.i:J. 



. v - J 

s.!yli...« ^ ^ ■ -ini' tV 

Photo by Ueeds, Penrith. 

Charter of Alan. Son of Roland. 



cum oninibiis pertinentiis et 
aisiamentis. sicuti carte sue 
testantiir. Hii.s Testibus. E. 
de Ballielo, Ric. Gernun, Gil- 
berto filio Ctospatricii, Ric. de 
Ije\Hngton, Rad. de Canipano, 
A. de Wigetona, Rog. de Belio 
Campo, Rad. de Feritric, 
Eudone de Carll., Rob. do 
Castello Kairiic, Rad. Daen- 
curt, Thoma fil Rand., Mag^o 
A. de Thorentona, Thoma de 
Kent, Thoma de Morhind, 
Willo de Warth(€)cop, H. de 
Morhind, Rog. de Loncastra, 
Wigano de Saimfoi-d, Joh. de 
[ jnebi, Thoma de Tibai, 
W. til. Hamonis de Hellebec. 
Simone de venatione et ahis. 

theof son of Ganiel testifies. 
Wherefore I will and grant 
that the aforesaid John and his 
heirs shall hold and have all 
the aforesaid lands in goo<l and 
peaceful tenure free and undis- 
turbed, together with all be- 
longings and easements just as. 
the charters testifv. As witness 
these. E[ustace] de Balliol, 
Richard Gernon, Gilbert son of 
Cospatrick, Richard de Leving- 
ton, Ralf de Canipano, A. de 
Wigton, Roger de Beauchamp, 
Ralf de Feritate, Eudo de 
Carlisle, Robert de Castle 
Carrock, Ralf Deyncurt. 
Thomas son of Randolf, Mr A. 
de Thornton, Thomas de Kent. 
Thomas de Morland, William 
de Warcop, H. de Morland. 
Roger de Lancaster, Wigan de 
Sandford. John de [ Jby, 
Thomas de Tebay, W. son of 
Hamo de Helbeck, Simon of 
the hunt and others. 

Whelp's Castle in Kirkby Thore is mentioned by Camden 
as " Wheallep-castle " in Britannia (edition of 1600) and is 
also marked on the map of Westmorland by Moll. Hodg-son, 
born al Swindale, 1780, in his History of Westmorland says 
it was also called the Burwens, and it was, I suppose the 
remains of the Roman Castra there, probably made use of by 
Welp, father of Gamel, whose son Waltheoff is one of the 
owners mentioned in the charter, whom it is tempting" to think 
of as a descendant or of the family of one of the men mentioned 
in Gospatrik's charter who was settled so little distance away. 
And the Castra served as his chief messuage on the Roman 
road, known it seems as the via regalis, the highway across 
North Westmorland to Carlisle. 

.\s to the witnesses, E. de Balliol was, I think, the earlier 
Eustace ; Richard Gernon was the husband of Joan de Mor- 
ville, daughter of Hugh de Morville, forester of Cumberland 
from 6 Henry H. to about 4 John. Gilbert, son of Gospatrik 


'(son of Orm), was dilberi de Southaic. Richard de Levin^'^- 
ton succeeded Adam de Levin^non in 1211. A. de Wigton is 
Adam de Wig-ton, who died 1225 (Prescott's IVcthcrhal. p. 
146). Roger de Beauchamp, second husband of Grecia, 
whose first husband was Thomas, son of Gospatrik, son of 
•Orm. Ralf de Feritate was son of Gamel le Brun or Brune- 
son. Eudo de Carliolo was son of Adam (Prescott, p. 150). 
Robert de Caslel Cairock, the first Robert of the name (Pres- 
cott, p. 103). Ralf Deyncurt was son of Gervasc, owner of 
Sizergh. Thomas, son of Randolf, may possibly be a son of 
Randolf de Dacre, mentioned in the Pipe Roll of Cumberland 
■of 12 1 2. Thomas de Morland was an incumbent who re- 
mained there as late as 1230. William de Warcopp, brother 
possibly of Alan of the Pipe Roll of 1198. W., son of Hamon 
de Helbeck, possibly W'ido, whose name occurs in the Pipe 
Rolls of King John. 

The date of the charter must be between j 199 and 1225, 
the succession of Alan and the death of Adam de Wigton. 
This Thomas de Helbeck of the charter, the first wo know of 
who owned that name, would not have granted a moiety of 
Helbeck to a daughter on her marriage if he had a son to be 
his heir, but the terms of the grant leave his " successors " 
in possession of the manorial rights though they would not 
have the immediate profits and usufruct of this moiety. The 
arrangement ultimately would be much like the later Musgravb 
and Helbeck arrangement, to which I hope to come later; in 
this the Musgrave manor continued in Musgrave manorial 
ownership and did not go down to the Helbeck descendants of. 
the Musgrave heiress who married the later Thomas de Hel- 
beck. It is possible that Hamo was brother of the first 
Thomas, and that through Wido, his son, the Helbeck descemt' 
was carried on. ' 

The Galloway Lordship of North Westmorland. 

■ 1 

This charter of Alan, son of Roland, who succeeded hii'' 
father as Constable of Scotland in 11 99, which Mr Dayrell 
Cracken thorp has most kindly had photographed for publica-. 
tion, has ah especial interest, inasumch as it is an overlord's 
•confirmation of grants of lands made by two of the manorial 

Stkathclvde and Galloway Charters. 261 

lords who were his feoffees to a third manorial lord also his 
feoffee, and is one of those evidences of the exercise in action 
of rights of overlordship which were required in the Inquests 
of Edward 1. detailed in de Quo Warranto to he shown as 
proof of use. This lordship over North Westmorland I was 
able only to suggest as being an extreme probability in Cum- 
berland and Westmorland Tniusactiotis. x.s., vol. xii., 384-5, 
there being little further evidence of it then than an entry in 
Assize Roll 981 of a statement of claim to it, with no reasons 
shown in the Roll and no pleadings recorded. It was the 
claim to that barony by Margaret de Ferrers, Ela de la Zouche, 
Elizabeth Countess of Buchan, and Devorgil, wife of John de 
Balliol, against Isabel, wife of Roger de Clifford, and Idonea, 
wife of Roger de Leyburn, daughters of Robert de Veteripont. 
I can now venture from this charter to give it its name as 
the Galloway Lordship of North Westmorland. Alan, lord 
of Galloway, the grantor, is shown as exercising this right, 
which he was able to do as heir to his mother, Eva, daughter 
of Richard de Morville ; and through Alan the claim set forth 
on p. 385 of the volume just mentioned came, and my provi- 
sional scheme of the Morville descent receives its justification 
thereby. Later on, after .Alan's time, the rights of his de- 
scendants in Westmorland seem to have dwindled down to a 
solitary manor, Mauds Meaburn, where the shrunken lordship 
was carried on in a sort of purparty between one of them and 
the Veteripont as late as 6 Edward L, 1278. But there is now 
sufficient proof of the existence of this lordship, few ihough 
the evidences are. They came down in the end to such in- 
stances as these : : — A claim by John le Frauncovs (C. iv Yv'. 
Transactions, N. s., xi., p. 321) to be released from de Balliol 
service which ought to be done by de Veteripont intermediate 
between him and Balliol {Curia Regis Roll, 142, membrane 
iSd) ; and the Inquisitiones post mortem of Gilbert le Fraunceys 
(a) in 6 Edward I. viz. : C. Edward I. 18(9) and (b) C. Edward 
I- 33/8 of II Edward I. In one of these de Balliol is recog- 
nised as in part, in the other as wholly, the overlord. 

And the unsettlement of things by King John's action in 
granting to the Veteripont husband of a Morville, who was not 
the right Morville heir, the lordship in the guise of hereditary 

S X 



Pi s 


M M 


- 5- 
















"o >. 




:5 8^- 




!5Dcj a 


^-Q * 

-C ^^ 

be * ^ 



a — * 

35 c 

s -s 

s^ a 

j2 m. 



s 't 

•5 „ « 



5 2 



11 - 







Strathclyde and Galloway Charters. 263 

shrievalty may possibly be the explanation of the series of 
actions in law courts, and of those Final Concords which we 
find recorded as if to give legal assurance to Veteripont owner- 
ship. For instance, in ig Henry III. between Hugh and 
'Gilbert de Cabergh and John de Veteripont for common of 
pasture ; between James de Morton and John de Veteripont 
for 30 acres of woodland ; between Robert de Helbeck and 
John de Veteripont for the manor of Sowerby and 60 acres in 
Helbeck ; between Thomas de Musgrave and John de Veteri- 
pont for 30 acres in Murton ; and between Thomas and Agnes 
Boet and John de Veteripont for 9 acres of land in Waitby. 

Other claims and agreements are mentioned by Dodsworth 
and Hodgson ; and we are reminded of the series of similar 
cases which followed the grant by William de Lancaster the 
last, to his half brother Roger, not his heir and not of de 
Lancaster blood, of the barony of Barton in Westmorland, as 
will be seen in a future paper. 

Incidentally, working at this charter has thrown light on 
a matter mentioned in C. & W. Transactions, n. s., xi., 321, 
Avhich was unexplainable then. John le Fraunceys (Assize 
Roll 1046 of 1251 a.d.) held land also of John de Balliol in 
Leicestershire, and held a moiety of the manor of " Soureby 
in Fames in Galewayth. " From the Chartulary of Holyrood, 
p. 40, it turns out that there was a deanery of Farenes in 
Galloway, whose dean William witnesses a confirmation by 
Bishop John of Whitherne of advowsons granted to Holyrood, 
and it is easy to see from this that Soureby in Fames was the 
modern Sorbie in Wigtownshire. This is the only record of 
a le Fraunceys holding in that county, and we can now fairly 
add this to that of Castle Sowerby in Cumberland as held by 
that family. These, John de Balliol's possessions, derived 
from his Scottish descent, in three different parts of Great 
Britain came to him in different ways. The Leicestershire 
possession was almost certainly part of the inheritance of 
Devorgil, his wife, by her descent from David, Earl of Hunt- 
ingdon, grandson of David I., King of Scotland ; the Galloway 
portion through her descent from Alan, lord of Galloway ; and 
the Westmorland portion through her descent from the Mor- 

2CA Stkatkci.ydr and Galloway Chartfrs. 

villc familv, whose heiress, Roland, son of Uchlred, lord of 
Galloway, liad married. 

I append (p. 262) a portion of the de .Morville pedigree, 
which is necessary to make clear the descent and the claim. 

For leave to publish matter contained in this paper, my 
best thanks are due to the Earl of Lonsdale and to Mr DayrcU 
Crackenthorpe ; also to Mr W. Little, Mr R. Robinson, and 
Mr R. H. Bailev for kindnesses and help. 


During- the year the Society has lost by death fifteen 
members, four whilst on active service — Messrs W. Black- 
lock, \'. Cubit, T. D. Simpson, and G. Ramsay Thomson. 
Of the remainder, two had been members for 41 years, two 
had been Honorary Members since 1878, and two had been 
distinguished Corresponding Members. Many of them had 
been active and contributing members. There names were : 
Dr Joseph Anderson, W. Chalmers, W. Bell Common, W. 
A. Dinwiddie, J. Dunn, J. Harvey Brown, J. Houston, A. 
Tweedie, and Professor Rhys. 

Death has also removed two members who rendered 
conspicuous service to the Society. Mr James M' Andrew, 
Fellow of the Educational Institute of Scotland and 
Honorary Member of the Edinburgh Field Naturalists' 
and Microscopical Society, was a most zealous botanist, and 
added materially to our knowledge of the Flora of Galloway. 
For thirty-two years he was headmaster of Kells parish school, 
in the burgh of New-Galloway ; and while discharging the 
duties of that responsible position most efficiently, and in a 
manner which did much to stimulate and develop the intellect 
of his pupils, he applied himself with great diligence to the 
pursuit of his favourite hobby. It was his habit to devote his 
summer holiday to some special district. And the fruits of his 
well directed and intelligent observations w^ere periodically 
contributed to the Transactions of this Societv. He died on 

Ohhi'arv. 26o 

/th July, 1917, in Kdinburgh, wliere his lalt-r years had Ijcen 
spent, at the ai;e of eighty-one. 

Mr Jamhs Lkwox, F.S.A., Scot., who passed away on 
4th November, 1917, at the age of sixty-one, had filled the 
hig"hest municipal offices in Dumfries. The son of a Provost, 
he was himself Chief Magistrate from 1908 to 191 1; and he 
had served on the School Board, the Dumfries Educational 
Trust, the Xith Navig-ation Trust, the directorate of the Dum- 
fries Savings Bank, and other public bodies. He was also 
Provincial Grand Master of the Freemasons in Dumfriesshire; 
and in the cycling" world his was one of the best known names, 
because of his early feats of long' distance riding and his ad- 
ministrative position at a later period in the official circle of 
the Cyclists' Touring Club. A many-sided man, he took also 
a keen interest in archreology. His contributions to our Trajis- 
iictions included an account of excavations at the business 
premises of his firm, which disclosed what was believed to be 
the foundation of the high altar of the Church of Greyfriars' 
Monastery ; a history of Dumfries Savings Bank ; a survey of 
the ancient castles and fortlets in Dumfriesshire, prepared as a 
guide to the photographic section, which was formed under 
his direction to form an illustrated index of such antiquities for 
the county. His little book on The Scottish Borders of 
Galloway is a guide valued by the road tourist of cultured 



21st December, 1917.— Mr R. C. Eeid— An Old Dark Green Glass 
Flagon, 9i in. high by 14J in. circumference, with embossed 
stamp on the side bearing the impression, " T. Crosbie, Dum- 
fries, 1789." 


nth :March, 1918.— At the Sale of the Library of the late Provost 
J. Lennox — MS. Minute Book of the Incorporation of Glovers 
and Dyers in Dumfries, 5th June, 1650— 15th September, 1752 ; 
bound in cloth, 7i in. by 5f in. 

MS. Baron Court Book of the Nithsdale Estates, 13th 
August, 17.57— 27th June, 1794; foHos, 157, incomplete; bound 
in leather, 12| in. by 8 in. 

22nd March. IdlS.— Mehnse liegulity Becords, Vol. I and II. (Scot- 
tish History Society), edited by Mr C. A. Romanes, C.A. 


12th April, 1917. — Mrs Alexander Thomson, Castle Street, Dum- 
fries — An Herbarium, collected by the late Dr A. Thomson, 
which had obtained a prize for him at College, the plants being^ 
all classified and in i>erfect order. A typewritten catalogue 
has been prepared by Mr G. M. Stewart. 

21st December, 1917.— Mr R. C. Reid— Framed Photographs of the 
following Dumfries Worthies, 1885: — W. Pool, Dr F. Grierson. 
W. Thomson, J. Fryer, Sir W. Broun, J. Polder, W. Gregan, 
Rev. J. R. Duncan, R. Wilson, C. E. Hogg, AV. F. Johnston. 
G. Dunbar, E. M'Quhae, Rev. D. L. Scott, W. Rae, J. Gordon. 
J. Coupland, Rev. J. Torrance, T. Costin, A. Tibbetts, J. 
Shearer, J. Johnston, J. Clark. L. V. Razaloo, J. Rorison, AV. 
Lowther, A. Malam, J. T. Scott, AV. J. Alder, AA\ Lockerbie. 
R. Muir, A. Ashley, G. Thomson, P. Murphie. J. Lockerbie, 
Rev. D. Purves, G. Reid, and one other. 

Mr R. C. Reid — Two Bound A'^olumes of the Ihiiiifrifs Tinirs,. 

Presentations. 267 

Mr Francis Armstrong — A Compilation of Papers re Dis- 
ruption. Sermons, t>tc., in pai>er covers, 1845. 

The Executors ot the late James M' Andrew — His MS. 
Notes /r Plants and Mosses, which have been published in the 
Transactidns. Bequeathed by will. 

Mr R. C. Reid— Edgar's Khtory of Dumfries, 1915; Parish 
TA-Hs of Wigtvwnslirrc <uul Minnigaff, 1684, Scots Record 
.Society; Registers of Births, Deaths, and Marriages, 8t. 
Andreirs, 1722-87, ibid. 

Mr G. W. Shirley — (rroivth of a, Scottisli Burgh. 

M. Charles Janet — Various French Pamphlets and Papers 
op Rotany, 1912-16. 

Mr James Calligan, Dumfrie.s — A fine si^ecimen of aa 
Imperforate Stone Axe. found in the cave at Maidenbower Craig, 
8 inches long. 1^ thick, and 2| at the widest part. The broad 
end is ground down to a rounded cutting edge, while the other 
end tapers to a point. The axe was found embedded in the 
soil, the sharp point alone being visible. 

22nd February. 1918. — Mrs Rogerson. Marchmount — Perforate 
Stone Axe, 11^ inches long, 3 inches broad, and 3 inches thick, 
found whilst digging in the garden at Marchmount. 

Mr R. C. Reid — Part of a Stone Implement, probably an 
axe, dug up whilst replanting a hedge at Cleughbrae ; 4 inches 
long, 4i bj'oad, 2i thick. P"'ramed and Glazed Coloured Plan of 
Dumfries and Maxwelltown, by James Halliday, 1886. The 
Fracticnl Natur(di,^Vs (Inide, by J. B. Davies, 1858. The 
Fermof Wakefield, by T. W. Gissing. 1862. 

Mr H. Cavan Irving, Burnfoot — Two Pieces of Oxidised 
Iron, from the collection at Burnfoot, one of the pieces having 
part of a Roman pot attached to it. The specimens were sub- 
mitted to the National Museum of Antiquities, and Mr A. O. 
Curie expi'essed the opinion that the nuclei of these lumps have 
been pieces of bog iron, in one case at least, collected in a Roman 
pot. As in the course of centuries the iron oxidised, the oxide 
spread through the soil which had filled up the pot, and sub- 
sequently tlu'ough the cracks in the vessel, as it now is in the 
bottom. Tliei'e is no indication that the iron ever found its way 
into the pot in a molten state, or that it was melted in it. 
otherwise the material would have undergone a change and 
have shown signs of the action of the great heat which would 
have been necessary. 

• The Executors of the late Provost Lennox — The following 
seven items : — 

(1) Chartei- by Robert Douglas, provost of the collegiate 
church of liincluden, with consent of the prebendaries of the 
said church and chapter for this purpose assembled, by which 
he grants in feu to John Johnstoun in Nunholm and Cristina 
Makkennand, his spouse, and to the longer liver in conjunct 
fee, an<l to the heirs ]Drocreated or to be procreated between 

■268 Presentations. 

tlu'in. whom failing, to the heirs whomsoever of the said Jolin. 
all and whole the 4 merkland of Nunholm. of old ext-ent, with 
the pertinents, lying between the lands commonly called Dow- 
<iykes, belonging to the lord of Carnsellach on the east, the 
lands commonly called Merche Hill, belonging to the town of 
Drumfress, and the lands of the lord of Conhaith on the sfjutli, 
and the water of Nytli on the west and north within the parish 
and slieriUdom of Drumfress, to be held of the gran ters and 
'.- their sviccessoi's under reservation of the fishings on the water 
of Nyth and of their right of drawing nets on the lands and laying 
them out, and of djmban (issiuen-. for an annual rent of 7 lib. 
lis 2d, one boll of oatmeal and four capons, that sum being 
made up of the previous rent, with an augmentation of 7s 9d, 
payable at two terms, viz., the feasts of Pentecost and S. Martin 
in the winter, one boll measure of Nyth and the four capons at 
the feast of the Purification of the B.Y. Mary, with a dupli- 
cand payable by the heirs of the said John at the first year of 
entry. The charter contains a prohibition against alienation 
of the said lands or any part of them by the granters or their 
heirs without the consent of the granters or their successors ; 
and a precept addressed to Stephen Palmer and Robei-t 
Makkymes to give sasine to the granters. Sealed with the 
common seal of the chapter of the said church at the college of 
Lincluden on 25th Januai-y, 1.56-4-65, and signed by Robert 
Douglas, provost of Lincluden, Sir John Lauder, John Mor- 
toun, Archibald Menzeis, Marcus Carrutheris, Sir John Baty. 
^md Sir John Rig, all prebendaries there. Seal intact, in good 

(2) 24th February, 1554-5.— Charter by Thomas, perpetual 
commendator of the Monastery of Haliwode and the convent 
thereof of the Order of Premonst, in the diocese of Glasgow, on 
the narrative that the melioration of the lands, the planting of 
trees, etc.. was in accordance with public policy, and 1>eneficial 
to the monastery and its tenants, with the assent of the chapter 
assembled granted in feu to Quentigern Maxwell in Steilstone 
•and Elizabeth Cunynghame, his spouse, and to Hugo Maxwell. 
their son. and the heirs of his body, whom failing to George, his 
•eldest son, the 20s lands of Steilstoun of old extent, with the 
pertinents, lying in the barony of Halywode and sheriffdom cif 
Drumfres, for the annual payment of 2^ merks, t-o be held of 
the granters and their successors, under reservation of mills, 
multures, and sequels. Witnesses — Robert Maxw^ell of Por- 
track. Amer Maxwell [ ]. Gilbert Grier. Sir Andrew 
Macall (PMychell), chaplain, and Master Cuthbert Craig, 
notary. Signed — Thomas, Commendator of Halivode, Thomas 

Roxburgh, William Hanying, Welche, and one other 

whose name is illegible. 

(3) 3rd August, 1576. — Instrument of sasine n^iri'ating that 
Hugo Maxwell in Steilstoun passed into the presence of the 

Presentations. 269 

venerable father in Christ, Comniendator of liis ]\[onastery at 
Haliwode. and there with all befittinfj; liuinility and reverence 
resigned for himself and his heirs the 2()s lands of Steilston and 
the 10s land of Kilnes. extending in all to a 30s land of old 
. extent with the peitinents, lying in the parish of Haliwode and 
sheriffdom of Drinnfres, intp the hands of the said venerable 
father as superior,- in favour of John Maxwell, his son and heir 
apparent, and his heirs and assignees, reserving to himself the 
free tenement of the said lands for all the days of his life, on 
which resignation tl^iis made thp said venerable father delivered 
the said lands into the hands of John Welch in Burnefute, pro- 
curator, and in name of the said John Maxwell in fee and herit- 
age. Witnesses — John Kirkhauche in Bogrie, Robert Maxwell 
in Fourmerkland. Arthur P'ergussoun in Drunicrosche. Cuthbert 
Amwligane and Adam Patersone. 

(4) lith April, 1609. — Instrument of sasine narrating that 
Thomas Greirsoun of J^aggane, bailie of Charles Maxwell, son of 
umquhile Robert Maxwell of Kirkhous, by virtue of a precept 
of sasine [addressed to him and contained in a charter made by 
the said Charles Maxwell, for giving sasine to John Lindsay, 
son of umquhile James Lindsay of Wauchope, his heirs and 
assignees, without reversion, of the lands underwritten, dated 
at Drumfres, 20th November, 1607. Witnesses — Robert Max- 
well, brother of the said Charles Maxwell, James Maxwell, son 
of John Maxwell of Kirkconnell, Thomas Greirsoun of Swyre, 
Herbert Cun.vnghame, notary, and George Maxwell, Nathir 
Laggane] gave sasine to the said John Lindsa.y of the lands of 
Nathir Laggane of old extent with the pertinents, formerly 
occupied by John Gourlaw, l.ving in the parish of Dunscore and 
sherili'dom of Drumfres. Witnesses — William Greii- in Lag- 
gane, Thomas Cunynghame there, George Maxwell, writer, and 
James Paine in Drumfres. 

(5) 9th June, 1620. — Charter of ratification by Thomas, 
Earl of Melrose, in favour of Thomas Greirson, of the merk- 
land of Overlagane in the parish of Dunscore. The document 
is almost illegible, but contains a precept directed to John 
Greirson of Killielagow and a reference to the late William 
Smith. The reddendo is 28s 4d. Signed at Edinburgh by the 
granter, whose seal in good order is appended. Witnessses — 
Mr James Linton, David M'Culloch, and John M'Cartney. 

(6) 14th August, 1710. — Certified extract from the Council 
books of Dumfries of the admission of Walter Neilsone, mer- 
chant, son-in-law to the deceased William Neilsone, late Dean 
of the burgh, as freeman burgess. 

(7) Fragment of the Great Seal of Scotland. 

14th March, 1918. — Mr C. A. Romanes, C.A. — Melrose Regality 
Records, 1547-1706, Vol. IIL (Scottish History Society, 1917). 

18th ]\[arch. 1918.— Mr P. W. Adams— .4 Histuru nf the Adams 
Ffunihj nf Nnrfh i rr. 1915. 




I. — On Account of Capital. 

To Sum Invest-ed in 5 i>er cent. War Loan £218 10 

To Sum on Depn.sit Receipt ... ... ... ... ... 17 12 

£236 2 

II. — On Account of Revenue. 

By Balance on liand from last Account ... 

Annual Subscriptions — 2 at 7s 6cl ; 229 at os ; 17 at 2s 6d 

Donations (Sir Herbert Maxwell. Bart., £10), etc. 

Tranmctions sold 

Interests on Investments, less Tax 


Rents and Insurance £7 12 

(Proportion of Property Tax not included) 
Books bought, including Printing of 

Transact ions 41 3 

Stationery and Advertising ... ... ... 5 16 6 

Miscellaneous ... ... ... ... 6 19 10 

£45 4 


60 2 


11 5 

3 lo 

9 14 


£130 1 3 

61 11 4 

Cash in hand £68 9 11 

£68 9 11 

Audited and found correct. 

(Sgd.) BERTRAM M'GOWAN. Auditor. 
25th March, 1918. 



Acherontia atropos (death's head 

moth) 25 

Adam, nephew of Robert, 250 ; son of 

Swain 255 

Aiken, Rev. James, M.A 183 

Akinzeane, Margaret 102 

Alpine Flora, origin of; original habi- 
tat of ; early flowering of, 111 ; 
seeding of ; preservation of from 
cold, 112; colouring of; habits of 

growth of 114 

Amtsberg. Herr, of Stralsund 11, 12 

Amulegane, Cuthbert 269 

Aniuligane. Thomas, 93; (or Clerk), 
John, 95, 96; Christiane, 94; ot 
Blakmyr, Fergus, 96, 110; Sir John, 

189; Sir Gilbert, chaplain 200 

Anderson, Patrick 190 

Anglian settlement in Lowlands, 44 : 

Monuments in Lowlands 45 

Animal Intelligence (Sir H. Maxwell) 10 

Antiquity of Mankind 157 

Archwological discoveries at Holne, 
159; Gray's Inn, 159; Scandinavia, 
161; France, 163; in sandhills.. 163,164 

Armstrong. John 204 

Arnott, Provost S., 110; David of 

Chapell 222 

Arrangement of archseological relics 162 
Arynstroane (Arstroan), see Strowan. 

Auchincheane, lands of 208 

Augn.stine, son of David 250,255 

Auchinleck, lands of 99 

Haliol. Kdward de. King, 257: Eustace 

dc. 258. 259: John de 262 

Ualmakane, lands of .. 193. 194. 201, 205 

Harboye, lands of 107 

Hardanoch. lands of 188, 189, 195. 201. 204 
Karbonr. John: Barbour, Sir John, 

notary 190 

IJarbuye, lands of 193 

Bardrockwood, barony of 215. 222 

Bargallv, 213. 214. 215, 216, 217, 218, 219, 

220, 222 

Baron Courts 86 

Barton, Roger de 262 

Baty; Sohir John 268 

Beauchamp, Roger de ; Grecia, his wife 259 

Bedford, Duke of 20 

Beehive Chambers 169 

Bell in Goukab\irren, William 205 

Bellibocht, lands of 86,98 

Bent)oye, lands of 198 

Benson, Mr (i Ai' 

Berclay, Archibald 195 

Berniton (Bermeton, Berrington), 

John de 231, 232 

Birds : Water Ousel, 224 ; Song Thrush, 
224-228: Peewit, 224; Swallow, 225, 
226: Cuckoo, 225; Platycereus 

Eximius; Turdus Merula 230 

Blackaddie (Sanquhar), lands of 105 

Boet, Agnes ; Thomas 262 

Boyd, Mr Christoiiher 

195,. 197, 198, 199, 200, 202 

Blairoh, lands of 190' 

Blak, Gilbert 190 

Bradley, Mr 128 

Brochs, distribution of in Scotland, 
167: structural features of, 168; 

of Mousa. 168; in Shetland 168 

Broustar, Thomas 189 

Brown. Samuel, 97; Alexander, 97; of 
Ingliston, John, 106: of Inglistnn, 
William, 105: Ronald, jiortioner of 
Leittield. 116; in Ai)ilgirth, Nicol, 
204; in Cleuchheids, John, his son .. 204 
Browne. Bishop, 51; Matthew .... 94, 96 

Bruneson. Gamal le 259 

Brus, Edward de, 255 ; Robert de .... 254 

Brydekirk Font 50 • 

Buchan, Elizabeth Countess of 261 

Buittle. lands of 256 

Bumble bees, unusual number of in 

Dumfries 146 

Burdon, John 232 

Burns. Robert 125 

Burnswark. Battle of 99 

Cabergh, Gilbert de 261 

Cairnsmore of Fleet 213 

Caitloch, lands of 190, 197, 202, 206 

Caldbeck, lands of 241, 245 

Caldcleuch, Mr 34 

Calsehogill, lands of 101 

Calsyd, lands of 200 

Campano, Ralf de 259 

Canceau (Nova Scotia) 217 

Cantelup, William de 250 • 

Carasius stone 141 

Cardew, lands of 231, 232, 236, 241 

Cnrdew (Carthew), Adam of; Aldusa 
of: Henry of; Thomas of; Stephen 

of: William of 231 

Carlisle, Bishop de Halton of, 231, 
232 : Bishop William Mauderk of, 
232: Eudo de, 259. 260: Adam de .. 260 

'J. I "2 


'Carlyle at Craigenijuttoik (Mr T). A. 

Wilson, M.A.) 187 

Carlyle. Kohert, 222; John, Lord .... 222 

• Carnsfllach. lord of 268 

Carntoiiii 188 

Carzfill, laiuls of 204 

Carrtitliers of Mou.^wahi, Simon. 108: 

.Marion 108 

■ Carrutliers, .Schir Marc 268 

Ca.stle Carrock, Robert de 259.260 

Castlefarne, land.s of 92 93 

Castlemylk, rector of 192 

■ Castle Sowerby 262 

• Cathcart, David 189 

Cliapelland (Chapellmark), lands of, 

191, 194, 201 

■ Characteristics of Alpine Plants (S. H. 

Arnott) .....110 

Charteris, ,lohn, 93, 96, 105; Robert, 

93, 94, 97. 104; Roger, 97, 109; of 

Aniisfield, .lohn, 103; of Amistield. 

Robert 190, 191 

Chi Rho monogram . . 34, 137, 140. 141, 142 

Churches, early decorated 35 

Cinnabar Moth 12 

Clay urns in Shetland 174, 175 

Clerk (see Amuligane), John, 95, 96; 

Thomas, 95; Thomas, deacon 200 

• Cleuchhelde (Sibbalbie), lands of .. 204 
Clifford, Roger de ; Isabel, his wife . . 261 

Cod, mental receptivity of 15 

Collingwood, Mr W. G 127, 141 

Colmanele, church of 255 

Comlongon Castle 108 

Comparative Archaeology (Robert 

Munro, M.A., LL.D.) 156 

Conhaith, lord of 268 

Connell, .John 96, 97 

•Conrall, lands of (see Courath). 

Conrath. lands of 188 (n), 194, 201 

Cook, Professor 41, 42, 43, 51 

Co-operative instinct in dogs 30 

Cooran Lane 125 

Copsis, Earl of Northumberland . . 234 

Cormuligane, lands of 192, 196, 200 

Corodow, lands of 192, 196, 200 

Corsane, Marion 106 

■ Corssoun, Pait 96 

Cottis, Alexander 92, 93, 96, 97, 102 

Cowan in Sibbaldbie, Robert 205 

Crae Lane and its Vegetation (Miss 

Wilson) 124 

■Crae Lane, list of plants at .... 126, 127 
Cragby, see Cragne. 

Cragne, lands of 189, 197, 200 

Craig, Mr Cuthbert 268 

Craigdarroch, Place of, 188 ; lands of, 

189, 190, 194, 201, 206 

■Craigleriane, lands of 94 

Craik, Thomas 194, 201 

.- Crakanthorpe, lands of 239 

Crawford of Balmakane, .lohn 205 

Crawfordstonn. Lordshiii of. 

188. 190, 193, 194. 201 
Creachane, lands of. 191. 192. 198. 199, 

200. 204; lordship of 191 

Crechtoun of Sanquhar, Robert, 85, 98; 

of Bcllibocht. -Vinian, 92. 93. 94, 95, 
97. 98; Amlrew. 97, 109; .lohn. 92, 

93, 94, 96. 97. 98; in Ulakadie. .lohni 

94, 105; Thomas. 94; .lames, 92. 1Q3 ; 
of Crawfordton, 96 ; of Kirkpatrick, 
John (1547). 97, 100; Kdward, 98; 
Sir iJobert (1484), 98; of Crawfords- 
tonn. Alexander, Andrew. John, 
James. Robert. 106; of Burngranis, 
John, 97, 109; Agnes, Barbara, 
Elizabeth, Janet, Margaret, 106: in 
Gordon.'itoun, Edward 108 

Crichton of Sanquhar, Sir Robert, 188. 

189, 190, 191; Robert, Lord, 193, 194, 

201. 208, 209; of Kirki)atrick, Kdward, 

190, 191; .lohn. 190; Robert. 190. 191, 
192, 193, 194; Thomas, 190; Rol>ert, 
191; of Hartwod, .lohn. 193, 194, 197. 
206; of Kirkpatrick. Robert, 206. 207; 
Mr William, 194; James. 201: Robert, 
tutor of Crawfordstonn, 203; of Belli- 
hocht, Ninian, 209. 210; (Jeorge, 
David, 210 (n). 

Crockett, S. R 125 

Croftane, lands of 192, 200 

Crosses at Hexham, 35. 40, 43. 45: 
Acca, 36, 43; Spital, 36, 43; Auck- 
land, 37 ; Croft, 37. 38, 39 ; Bewcasfcle. 
36, 41, 42, 46; Hackness, 38, 43; 
Ilkley, 38, 46; CoUingham, 39, 45. 47; 
Aldboro', 39; Northallerton, Ripon, 
Carlisle, 40; Hornby, 40. 45; Otley, 
40, 42, 45; Irton, 42, 46: Ea.sby, ^; 
Halton, Dewsbury, Kirkby Wharfe, 
Urswick-in-Furness, 48 ; offsets on, 

runes on 43 

Cross carvings : plaits in, 37, 38. 42 ; 
chequers in, 42; beasts in, 39; 

"impost capitals" in 39 

Crucifix on early crosses 36 

Cuketown 191, 201 

Cukstone, lands of 189, 194 

Culex Pipiens : Some observations on 
the occurrence of, in Dumfriesshire 

in 1917 (Rev. J. Aiken) ;... 183 

Culex pipiens in Shrewsbury, 184 ; 
development of. 184 ; in Dumfries 
and Galloway, 185; elsewhere in 
Scotland, 186; fatigans, 186; pre- 
ventative measures for eradicatiofi 

of , 186 

Cumberland and Westmorlanq 

Archffiological Society 34 

Cumdivock, lands of 241 

Cumloden 212, 221 



Cnnyiighanie, John, 96, 107; Andrew; 
Cuthhert, 100; of Birkshaw. .lohn, 
92, 93. 94, 96, 97, 100, 101; Philip; 
Kohcrt. 100; George, 92; Jlarjorie, 
100; Synion, 92; Oswald, 92, 102; 
Herbert, 97; Christina, 206; of 
Craganis, William, 106; in Cas-tle- 
fame, ,Iohn, 108 ; William, bailie of 
Diimfries, 191 ; Earl of Glencairn, 
Cuthhert, 192, 195. 196, 197, 198, 199, 
200, 202; William, 192, 195, 196, 197, 
198. 199, 200. 202. 203: Alexander. 
293: Lord of Kilniaurs, Alexander, 
188: of Aikhed, Kohert, 195; of (or 
in) Castlefarne, George, 195, 196; 
of Paddokbank, Thomas, 195; of, Alexander, 195 ; in Lochour, 
Cuthhert, 205; Alexander, 189, 190; 
Archibald, 189; Francis, 197; 
<ieorge, 192, 198, 199, 202: .Tanet. 
Lady Craigdarroch. 210 ; Mathew, 
189; Sir Ninian, chaplain, 202: 
Oswald, 195, 196. 198, 199, 202 : Philiii, 
192; Robert, 189, 198; Thomas, 195, 
196, 202; Elizabeth, 268; Herbert, 

notary ; Thomas in Laggane 269 

Ciiji markings 166 

Cyncwulf 41, 33 

Balchonie, lands of 194, 201 

Dallaish 222 

J)allaish Cairns 213, 215, 222 

Dalquhargzeane (Closeburn). lands of 101 

Dalston, barony of 232, 236 

Dalzell, Eliz., 104; Master George. 
92, 96, 97; Mr George, 93, 94; 
Robert, 94; of Budhous, Robert, .. 194 
Dalziel, Margaret, Lady Craigdarroch 211 

Dame, lands of 194,201 

l)anes in Dnmfriesshire 47 

David, son of Terri 250,255 

Dawkin.^, Prof. W. Boyd 179,182 

Dennounee of Crechane, Peter. 92. 93, 
96, 97, 101, 102; Adam (Allan), 101; 
•lohn, 101 ; of Creachane, ,Tohn, 191, 
192; Peter, 192, 196, 199, 203. 

Denton, rector of 232 

Denton, .John, 231, 232, 257; .Joan, his 

wife 232 

Deschmann, Carl 171 

Devorgilla 261, 262 

Deyncourt, Ralf, 259; 260 

Dionisia, sister of Robert 258 

Documents relating to the Parish of 
(ilencairn (Sir P. Hamilton Grier- 

.son) 187 

Dolfin, Lord of Carlisle 233,248 

Douglas, Archibald, 93, 96, 104; of 
Drumlanrig, .Tames (1531), 98, 103; 
James, Earl of, 99 ; Agnes (or 
Janet), 103: Janet, 103; John, 97, 
109; of Tarburgh, Archibald, 189; 

of Drumlanrig, William, 189. 190, 
197. 206. 209: of Auhltouii, 
.James, 191; of Drumlanrig, William, 
191, 198; James, 191, 208; James, his 
son, 208 ; George ; Itobert ; Klizabeth. 
191; Marion. Lady Glencairn. 195: 
]{obert. Provost of Lincluden . . 267. 268 

Dow M'Call, lands of 205 

Dowdykes, lands of 268 

] )raichan or Dryne 138 

Drum Makcallane, see Balmakaiie, 

195, 206 

Duchrae Farm 125 ■ 


QUARIAN .SOCIEY: Annual meet- 
ings (1916), 9, (1917), 155; abstract 
of accounts for 1916, 154, for 1917, 
270; exhibits. 1917, 266; pre.senta- 
tions ; herbarium, 266; books, 
liai)ers, documents. 266, 267; photo- 
graphs, 266; charters, 267, 268, 269: 
ancient implements, 267 : fragment 

of (Jreat Seal of Scotland 269 

Dumfries. Tolbooth of, 85, 92: Sherift 
of, 85, 86, 87, 208 ; Sheriff Depute of, 
86: Sheriff Warden of, 98; Sheriff 
Court at, 92, 93; chai)laincy in, 
189 ; flood plains at, 134 ; meteoro- 
logical observations at, in 1916, 

151. in 1917 229 

Dumfries. Andrew de 250 

Dunliar. Agnes. 105; Earl of March, 
(Jeorge, 105; Eliz., 216, 217; John of 

Machermore 217 

Dungallis Mark, lands of .. 188, 194, 201 

Dunlop, Rev. S 124 

Dunrod, church of 255 

Dunycall, lands of, see Dungallis Mark. 

Eadwulf, Earl of Bernicia 233 

Ealdgyth, wife of Siward 233 

Ealdred 233 

Eastholm, Isle of 257 

Edgar, John, 97; Fergus, 96; of Inglis- 

ton, Richard; Uchtred 188 

Edzer of Ingliston, John, 92, 94, 97. 
102, 105, 108; Nicholas, 102; Uchtre. 

102, 105, 108; Cuthhert 105 

Eklis of that Ilk, Kentigern .... 197, 198 
Elliot of Stobs, Gilbert; James; John 106 

Erblary, lands of 198 

Ephemera danica (mayfly) 25 

Evans, Sir John 176 

Extinct animals, remains of, in 

Somme valley 158 

Fabre, J. H 52, 33 

Falkoner, Dr Hugh 158 

Fames, deanery of; William, dean of 262 
Farris in Lowthat, John, 204; in 
Sibbalbie, John 205 



Fergusson of Craigdarroch. Thomas, 
92, 93, 96, 109; William, 95, 96; 
Cuthhert, 93, 96. 97, 104; Isabella, 
103; in Over Iiiglistoiin, Edward, 
108 ; of Craisdarroch, John, 190. 191, 
193. 194. 197, 198, 201. 202. 206. 210; 
.Tonkine. 205; JIathew, 188, 189. 190, 
192, 205; Robert, 203. 204, 210. 211; 
Thomas, 188, 189, 198, 201, 202, 205, 
206. 209. 210; of Glencrosche, 
Arthur, 203 ; in Glencrosche, Cuth- 
hert, 203 ; in Neiss, Fergus, 203 ; in 
Brache, .lohn, 203; Alexander, 206; 
Barbara, 211; Cuthbert, 195. 197, 
198. 199. 201. 202: Duncan, 191, 192, 
202; Elizabeth, 211; Edward, 201, 
210 (n); Fergus, 192, 207; Finlay, 
190; John, 190, 202; Lawrence, 196; 
Sir John, chaplain. 200, 201; Mal- 
colm. 202; Patrick, 201; Robert, 206, 
207; Stephen, 196; Thomas, chap- 
lain, 190; Thomas, 193, 194. 198, 201, 
202; of Neiss, Fergus, 209; Arthur, 

in Drumcrosche 269 

Fergussone in Caitloch, Malcolm 108 

Feritate, Ralf de 259 

Ferrers, Margaret de 261 

Feudalism : Keltic services ; taxes ; 
military services, 251 ; dreng tenure ; 
socage ; subsidy ; feu-farm, 252 ; cro, 
251. 253 ; chaan, 250, 253 ; conveth 250, 253 

Fibulae 165 

Fleming, Bernard the; Nicolas; 

William 250 

Flodden, battle of 212 

Ford Castle 212 

Forster of Crawfordtoun, John 188 

Fraunceys, John le, 261, 262; Gilbert 

le 261 

Frere, Sir John 159 

Frissel in Carzeill, Thomas 204 

(Jalloway, William 202 

■Galloway, Lordship of (Westmorland), 
261; Fergus, lord of. 249. 255; 
Huchtred, lord of, 249, 254, 255, 256, 
262; Roland, lord of, 249, 256, 258, 
262; Alan, lord of .... 258, 260. 261, 262 

Gamall 241 

Gamelsby, lands of 254 

Gardinare, Archibald 197 

Gargonane, lands of 191, 192, 197, 200 

Garnery, forest of 257 

Gernon, Richard 258, 259 

Gibson, Robert 189 

Gilbert, the chaplain, 250, 255; son of 

Gospatrik 258, 259 

Gilcohel 250 

Gillecatfar, 250, 255; Gilbert, his son 250 

Gilmor, Albanach 250, 255 

•Glaciation in Southern Scotland 132 

(Jladstanes of Kelwod, Thonia.s, 95; 

John, 96; Mathew 95,109 

(Jlasgow, William Bishop of 257 

(Jledstanis, William, minister of New- 
abbey 106 

(Jlencairn, Some Documents relating 
to the Parish of (Sir P. Hamilton 

Grierson) V.- 187 

(ileiicairn, minister of, >ee Brown; 
barony of, 188. 189. 191. 192. 195, 196, ' 
198. 201. 202; vicar of, 190; kirk of, 

202, 203, 209; curate of 203 

(ilencarne, baron court at 93 

(ilencors, lands of, 101; in Glenden- 

holme, Archibald, 109; John 109 

Glencorss of that Ilk, John 92. 94 

Glenturk and Carslae, lands of 222 

Gles.seld, Pat 95 

Glow. Allan 189 

Goldie, John, of Craigmuie, 

119 ami note 21 
Gordon of Blakat, John, 104; Isabella, 

192; Roger, 199; of Lochinvar, John 201 
Gordoun of ye Park, John. 92. 93; 

Thomas 92, 94, 95 

Gos|)atrik, Earl of Northumberland, 
233; Earl of Dunbar, 233. 234. 241, 
248. 253; son of Maldred. 233; son 

of Orni, 259; Thomas, his son 259 

Gourlay, Thomas 197 

Gourlaw. John 269 

Gracie, John 95 

Graham, Mary of Floriston 213, 217 

Gray, John, notary 193, 198 

Graynes, lands of 194, 201 

Gregory. Prof. J. W 131 

Grennoch Lane, see Crae Lane. 

Greir, John, 92; Katherine. 92; in 

Penphillane, Gilbert, 93: Robert. 94; 

in Craignie, Gilbert, 94, 104, 105; in 

Camling, Gilbert, 97. 109; Gilbert, 

268 ; William in Laggane 269 

Greyr, Thomas. 95; Gilbert, 96; John. 

96 ; Thomas, 97, 109 ; Peter 97, 109 

Grierson, John. 92. 93; Schir Thomas. 
94, 109; Gilbert, 94; of Lag. John, 
93, 95, 96. 97. 103, 105; Roger. 103; 
William, 103; Thomas, 103; of Cape- 
noch, James, 100, 101; Nicolas, 100, 
103; Cuthbert, 102: Donald. 102; 
Jonet. 103; Elizabeth. 103; Agnes, 
103. 104; of Barjarg. Thos., 104; of 
Craignie, Robert, 104 ; of Dalton, 
Gilbert, 104; of Dalmacurane, 
George. 108 ; in Ingliston, Robert-, 
108; Grissell. 109; of Lag, Roger. 
190. 204; John, 191. 192; George, 
192 ; Gilbert, 192, 200 ; of Lag, Cuth-, 
bert, 192, 196. 200; Roger. 192, 197. 
198, 200; Thomas. 196; Gilbert. 196; . 
Roger, brother of Lag, 196 ; George, 



196; John, 196; of Kirkbridrig, 
Laurence, 197, 198; John, 199; 
Thomas, 200; of Halidayhill, John, 
204; Gelis, 207 (n) ; of Laggane, 
Thomas ; of Overlaggan, Thomas ; of 
Killielago, John; of Swyre, Tliomas 269 

Grinisdale, lands of 255 

Gunhild, wife of Fergus 255 

Gurlaw, Wat 97 

Hadykes, Halldykis, see Halldykes. 
Halldykes and the Herries Family 

(Mr 1). C. Herries) 115 

Halldykes, rental of, in 1751, 121; 
legends of, 122, 123; and Prince 

Charlie 123 

Hamilton-Grierson, Sir P 85. 136, 187 

Hamilton of Commis Keith, Alexander 198 

Hanney, Mr Wm., of Bargally 220 

Hanyng, William 268 

Hartfell. Earl of. James 204 

Hawkins, Mr. architect 214 

Helbeck, lands of; Thomas de, 258 
260 ; Hamo de ; Wido, his son, 259, 

260; Robert de 262 

Henderson, Katherine, wife of Wm. 

Herries 123 

Henry, son of Hodard 250 

Henryson. Col. Sir Kobt., of Tuny- 

gask, 222; John 222 

Heron, Andrew, 217; Thos. of Kir- 
rouchtree. 221; Capt. Pat. of Bar- 
gally, 216, 217, 218. 219; Andrew, of 
Bargally, 212. 213. 214, 215. 216, 218, 
'^19, 220, 222; (ierald. 212; Patrick 
I. of Kirrouchtree, 212, 213, 216; 
Patrick II., 216, 218, 220; Patrick 
III, 220; Andrew, 213; Robert, 115; 
R. S. of St. Julians, 115 and note; 
John. 7th Lord, 115 (n) ; Mr Robt.. 
minister of Dryfesdale. 116 and note ; 
Robert, son of do., 116. 117, 118; 
Wm., son of above Robert, 117, 
118, 122; Robert, brother of do., 
118 ; Robert, merchant in Dumfries, 
119 and note, 120 and note, 123; 
Robert of North Devon, 121; Wm., 

217; John Vining 218, 219 

Heron family, origin of 212 

Heron Ma.xwell, Lady 215 

Heroun, Donald 199 

Herries, Nicolas. 103; Mr D. C 115 

Hewison. Dr King 43 

Hodard. father of Henry 250 

Holm Cultram, convent of ; abbots of 256 
Holywood, Thomas, commendator of 268 

Horned chambers of Caithness 167 

Housesteads Roman Fort 42 

Howissone, William 109 

Hudi?pn, Mr W. H. 

14 and note, 24 and note, 26 

Hunter of Ballagan, Duncan. 96, 110; 

Duncan, 191 ; Thomas .... 192, 199, 200 

Huntingdon, David Earl of 262 

Huntlie, standing staines of 85 

Ireby, Cristina de 254 

Irving, Jane of Cove 118 

Jarburgh, lands of. 189, 190. 193, 195, 

201, 205. 206. 
Jardinc. Margaret, Lady Kclwod, 95, 

109; in Hallhills, David 205 

Jaskerton, see Kirkmadrine. 

Johnstone, Mary, of Halldykes 115 

Johnston, J. D.. 127; of Pettyname. 

Herbert, 200; Kentigern, 204; Lord 

of Lochwood, James, 204; Edward, 

burgess of Dumfries, 210; John, in 

Nunholm 267 

Johnstoun, Edward, 93. 96. 97. 98. 99; 

William, 94; John, 96; William, 96; 

Nicholl 96 

Karliol, Hildred de 254 

Keir, Early History of the Parish of 

(Sir P. Hamilton-Grierson) 136 

Kelso, George ; Thomas 200 

Kennedy, Egidia; of Culzean, Sir John 103 

Kenneth 241, 246 

Kent. Thomas de 259 

Ker, John 191 

Kilnes, lands of 269 

King David I.. 86; James IV., 212; 

Cnut, 237, 243; Duncan. 233; Eadgar ; 

Macbeth 234 

Kinghorn, :\Ir (i 174 

Kirk, Agnes 101 

Kirk Andrew (Cumberland) 255 

Kirkby Thore common 258 

Kirkewynny (Kirkgunzeon) 256 

Kirkhauche. John, in Bogrie 269 

Kirkhauch, Robin 98 

Kirkmaho. parish of ; rector of 204 

Kirkmadrine. monoliths at 136,137 

Kirkmadrine stone 44 

Kirkmichael. lands of. 99, 100; rector 

of 194 

Kirko, Eliz., 104; of Bogrie, John, 108; 

of Chappell, William, 109; of Sun- 

daywell, Amer, 200; of Chappel, 

Adam 203 

Kirkpatrick of Closeburn, Thomas, 92, 

95, 99; Sir Thomas, 99; of Kirk- 
michael, William, 92, 93, 94, 96, 99, 
109; Sir Alexander, 99; Robert, 100; 
Alexander, 92, 102; of Ross, Roger, 
93. 96, 103, 104; of Eliesland, 
Thomas. 103; Katherine, 103; Andro, 

96, 105; Roddie. 97, 98; Marion, 104; 
Sir Thomas, of Closeburn, 121; 
Isabella, daughter of, 121 ; of Close- 
burn, Thomas, 190; Edward, 194; of 
Alisland, John, 201; (Brakoche), 



Robert. 203; Agrics. Lady Craii.'- 

darrocli 210 

Kirroufhtree 212. 213. 218, 221 

Kuykland, set' Cuketouii. 

Lancaster, Ko^er de, 259; William de 262 

" Lane," etymology of 127 

Lanes in Galloway 127 

Langmure, Alexander 197. 199. 200 

Lang. Thomas 202 

Lammas floods 147 

Larclachy, lands of 198 

Larg, Mains of 213 

Lauder, Schir .)ohn 268 

Laurie, Marion; of ^Faxwelton, 

Stephen 106 

Leeds, Mr E 39 

Lethaby, Professor 35 

Levellers, the 125 

Levington, Kichard de, 258, 259; 

Adam de 259 

Leyburn, Roger de ; Idonea, his wife 261 
Lincluden, Provosts of (Mr R. C. Reid) 110 
Lindsay of Barcloy, James, 103 ; Roger, 
193: George, 200; of Wauchope, 

.Tames; Nether Laggane, .John 269 

Linton, Mr James 269 

Little Merkland, lands of 197, 200 

Little Hutton .... 115 and note, 116, 117 

Loohar Moss valley 131 

Lochenelo, lands of 249 

Lochintore, lands of 197 

Lochmaben, clerk of 250 

Logan fish pond 16 

Lost Stone of Kirkmadrine, the 

(Rev. G. P. Robertson) 136 

Lowre, Andrew ; John 199 

Lowrie, Rob. 93; Robert 97 

Lubbock, Sir John 140 

Lyell, Sir Charles 160 

Lyndsay of Fairgirth, Michael ; Her- 
bert 193 

M'Adam in Knokingaroch, Kentigern 108 
M'Brayr of Almagill, Archibald; John 103 

M'Caig, Donald 196 

M'Cartney, John 269 

M'Caw, William 196 

M'Cayn, John 190 

M'Chowbry, Thomas 190 

M'Clameroch, Thomas J88 

M'Clellane of Bomby, Wm. ; Sir Robt. 222 
M'Crerik, John, 192; Thomas, 199, 

201, 202 ; Fergus 202 

M'Cubbin, Thomas 94 

M'Culloch, David 269 

M'Dowall of Machermore 221 

M'Enery, Rev. Mr 159 

M'Gachane of Dalquhat, Malcolm, 92, 
101 ; Alexander ; Archibald ; James ; 
John; Robert, 101; of Dalquhat, 

Ali-xandtr. 200: of liaUiuhat, -Mai- 

tolni : Duncan 203 

M'liduf, Gilbert 189 

M'llliauch. Sir John 189 

M'Kie. John, of Palgown, 217; James, 

217, 220; John of Larg 217 

M'Lurg 212 

M'Neill, Rev. Robert 139 

Macall. Schir Andrew 268 

Machermore 212, 221 

Macherne 250 

Mackison, J;inet, spouse of Mr Itobert 

Herries of Dryfesdale 116 

Macquahen, Peter 93, 94 

Macquhone, Peter 92. 103 

Maitland of Auchingassell, John, 95. 
96, 105; Sir Robert; James; of 
Thirlstane. William. 105; of Auchin- 
gassill. James, 197. 201: John: 

William 197 

Makbyrne, Thomas 192 

Makclamaraclit, Maurice, elder of 

Maxweltown 192 

Makclune, John 93 

.Makcolme, Mr John 192 

Makcf.inell, John; Xevin 196 

.M akcron Andro 95 

Makjyachyn of Dalwhat. Donald 188, 205 

Makkenand, Cristina 267 

Makkymes, Robert 268 

Maknele, Alexander, clerk 198 

Makneyt, Alexander 202 

Makracht, Gillespie 108 

Makrath. John 202 

Malcolm, "rex Cumbrorum " 234 

Maldred 233 

Malkamthorpe, lands of 239 

Malmorson, Cuthbert. ; Ninian 188 

Marganyde, lands of 192, 196, 200 

Marquhirn. lands of 102 

Marshall, Flora; Willie, gipsy, 220; 
Hugh the ; Herbert, his son ; 
Richard the ; Simon, his brother . . 250 

Mauds Maeburn. manor of 261 

Maughold stone 142 

Maxwell, Sir H., 10, 128; Marion, 93; 
John, 93, 96, 104, 105; Herbert, 97; 

of Aldgart, , 97; in Dumfries. 

Thomas, 97, 98 ; of Portrack, Robert, 
106 ; Marion, 100 ; William of, 188 ; of 
Kylbane, Edward, 191 ; of Ardre, 
John, 193; of Carnsalloch, William, 
204; Egidia, 204: ,Tohn. Lord, 201; 
Geillis, Lady Craigdarroch, 210; Sir 
W., of Monreith, 217; Elizabeth, 217; 
John of Drumcoltran, 222; of Kirk- 
hous, Robert; Charles; of Kirk- 
connell, John; James, 269; of 
Portrack, Robert; Amer, 268; John 



in Steilston, 269; Kentisern in 
Steilstone, 268; Hugo, 268, 269; 
Gt'orse, 268; George in Nether Lag- 
gane ; George, writer ; Robert in 

Fournierkland 269 

Megalitliie ornaments 165, 166 

Megapodidae (mound birds) 19,21 

Melmor (Maelmuire) 241 

Melrose, Tliomas Earl of 269 

Menzies of Enoch, John. 188, 206; 
Elizabeth, 188, 189, 205; of Castle- 
hill, .lohn, 208; Archibald 268 

Meschin, Ranulf 248 

Meteorological Observations at Dum- 
fries in 1916; 151; in 1917, 229 

Miligan in Bennocan, George 203 

Mimram, trout in 13 

Mitchell, Sir A 139 

Mobius, Dr 11 

Moir, .lames, minister of Troqueer .. 106 

Momersoun, Thomas 94, 95 

Momorson, Cuthbert, 188 ; of Strowan, 

Cuthhert; Ninian ; Gilbert 197 

Morgan, Mr Lloyd, 12 and note. 14, 16. 

23, 24 and note. 
Morkere, Earl of Northumberland . . 234 

Morland, Thomas de ; H. de 259 

Mortoun, John, prebendary 268 

Morville, Hugh de, 259, 261; Joan de, 

259 ; Eva de, 261 ; pedigree of 263 

Moryn 241 

Mowat. Andro. 97; David 97, 98 

Muligan, Alexander 202 

Munro, Robert, M.A., LL.D 156 

Murdoch, Patrick, of Comlodane .... 222 
Mure, Alex., of Bardrocht; Elizabeth 222 
Murmulzeane (MurmuUich), lands of, 

192, 196, 200 
.Murray, James, 2nd Earl of Annan- 
dale, 115 and note, 116 ; Sir Richard, 
115 and note ; David, 2nd Lord Bal- 
vaird, 116; David, 5th Viscount 
Stormont, 116 and note ; James, mes- 
senger, 117 ; Andrew, of Brockelrig 118 

Musgrave, manor of 260 

Musgrave, Thomas de 262 

Myers, Mr Frederick 29. 30, 31 

Neilsone, Walter; William, dean 269 

Neilson of Madinpape, Henry 192 

Neis, land of 194, 201 

Nether Laggane, lands of 269 

Nevyn, Thomas 191 

Newall, Adam, chamberlain to the 

Earl of Southesk 117 and note 

Newbigging, Laurence de ; John de .. 258 

Newton (Tibbers), lands of 99 

Newton-Stewart 212 

Nicoll, Andrew 189 

Nicolas, son of David 250 

Ninian, Saint 140 

N'ith, the Lower, in its Relation to 
Flooding and Navigation (Mr Wal- 
lace) 128 

Nith, Dumfries basin of; age of, 129; 
oscillations of sea level in, 151 ; 
pre-glacial, 132 ; borings in valley 

of, 133 ; excavation by 135 

Norman, the hostage 250,255 

Nunholm, lands of 268 

Nuraghi, 166; distribution of. relies 

in, burials in 167 

Ormside Cup 49 

Oswulf II., Earl of Northumberland 234 

Overlagane, lands of 269 

Padzeane of Newton, Thomas, 94, 104 ; 

Roger; John 104 

Paine, John 269 

Palmer, Stephen 268 

Palnure Burn 213, 222 

Parra jacana 14 

Paterson, John, 97, 109; Adam 269 

Peach. Mr B. N 173, 174 

Penman, Mr A. C 211 

Penmurtie (Keir), lands of 102 

Penpont, Court at, 85, 94, 95, 96, 97, 98 ; 

minister of 109 

"People of the Dolmens" 166 

Perthes, M. Boucher de 158 

Petrol Motor in Warfare (Mr A. C. 

Penman) 211 

Picts' knives 173. 174, 175 

Plants, list of, in Crae Lane 125, 126 

Porter, Andro 95, 96 

Powat, John 202 

Presentations : Photographs ; Her- 
barium, 266; Books, 266, 267, 268; 
Stone Axes, 267 ; Plan of Dumfries, 
267; Roman Pot, 267; Documents 267, 268 
Primitive Marriage (Rev. S. Dunlop) 124 
Pronuba yuccasilla (yucca moth) . . 31 
Queen wasps, unusual number of, in 

Dumfries 146 

" Quera," Court of 208, 209 

Quern stones, saddle 174 

Rainfall Records of Southern Counties 

in 1916 152 

Raljih, clerk of Carlisle 250 

Raised beaches of Kirkmahoe 133 

Kamsay, David, of Torbene 222 

Reade, John V 217 

Reid, Mr R. C, 110; Thomas, 199, 202; 

John; Walter 199 

Reinbold, father of William 250 

Rhododendron ferrugineum, protective 

scales on leaves of 113 

Richard, son of Troite 249, 254 

Rig, Schir John 268 

Rivoira, Commandant*, 35. 36, 39. 40, 41, 49 
Robert, the sheriff's clerk, 250; 
steward of Appleby, 258 ; son of 
Sungeva, 250 ; son of Troite .... 250, 254 



Uohertson, Rev. G. P 136 

Robson, Thomas 201 

Rogers, Julian 214, 221 

Rogerson, Robert ; Thomas 188 

Koreson of Bardennoch, Andro, 96. 

107, 109; Alexander, 107; Thomas, 

108. 109; Roreson, Gilbert; Eliza- 
beth; Thomas, 108; Andrew, tutor 
of Bardenoch ; of Bardenoch, 
Thomas, 203; in Calsyd, John 204 

Roresone (Rorysone), Cuthbert, 188, 
196, 197; Dungall; Gilbert; William, 
188; John, 192, 193; of Bardennoch, 
Andrew, 191, 192, 193, 195, 196. 197, 
198. 199. 200, 204 ; Alexander. 188, 

189 ; Gilbert 200. '^01 

Koresoun, Andrew, 200. 202; Robert, 

200, 201 

Roxburgh, Thomas 268 

Russell, Alexander 201 

Rutherford, Mr J., of Jardington, 143, 223 

Salvia patens and bumble bees 27 

Samian ware in Scotland 165 

Sandford, Wigan de 259 

Sarharrow, Croft of 203 

Savile-Kent, Mr 20 and note 

Saxifrage, protection of, by hairs . . 113 

Scharp, — — 93 

Schaw of Haby, John 103 

Schetelig, Dr Haakon 47 

Schmerling. Dr 159 

Scot of Barberton, Frances; in Led- 

dockholme. Hew 204 

Scott, Janet ; of Buccleugh, David . . 103 
Sedums and sempervivums, protective 

succulence in leaves of 113 

Setlington of Stanhouse, John 195 

Settlingtoun of Stanehous, John. 108; 
of Stanehous, Thomas. 188; William 190 

Shank 241. 245 

Sharpe. General Kirkpatrick of 

Hoddam 123 

Sheriff Court Book of Dumfries (Sir 

Philip Hamilton-Grierson) 85 

Sheriff Court suitors ; deemster, 87 ; 
courts, 85, 86, 92, 93; clerk; ser- 
geant; brieves in. 88; warranty, 90; 

depute 93, 97, 98 

Sheriff, jurisdiction of. 208 ; war- 
dour. 209 ; depute 210 

" Sig becun " 35 

Silkworm and spider, functional 

activity of 17 

Simon, the hunter 259 

Simpson, Sir James 136 

Siward, Earl of Deira, 233, 241; Earl 

of Northumberland 234 

Skrymgeour, Giles 105 

Sloan, John 203 

Smart, Barthole, in Marquhryne, 

92, 102, 104 

.'^mith, Dr .(. A 176 

Smith. William 269 

Somervill. Flugh 197 

Sorbie, church of 262 

Southaic. Gilbert dc 259 

Sowerljy, manor of 258, 262 

Steel, family of. Brierhill 115, 116 

Steilston, lands of 268, 269 

Stevenson, vicar of 195. 198 

Stewart. Sir W. B., 179; John; David ; 
Kobert. 188; John, rector of Kirk- 
maho; John, his son, 204; Col. W., 
Alex., of Clarie; Nicholas, 222; Mr 

G. :M 223 

Stoches. Ivo de 250 

Stone balls. 176. 177; uses of, 177, 
178. 179; classification of, 177; 
geographical distribution of, 178, 
180; list of, 181, 182; from Moss of 

Cree 182 

Strathclyde 231, 233, 234, 253 

Stronschillaucht, lands of 191 

Strowan, lands of 197 (n) 

Sygolf 241 

Tallegallus (brush turkey) 20 

Talyots of the Balearic Isles 167 

Tebay, Thomas de 259 

Temperature, monthly mean 150 

Terrarane, lands of .... 192, 196. 200. 203 

Terregles. manor of 191 

Terri, father of David 250 

Thomas, son of Randolf, 259, 260; 

clerk of Torpenhow 250 

Thomson. Mr William 204 

Thomsone, Sir John 203 

Thomsoun. Nichell 96 

Thoresby Society 34 

Thorfynn, son of Thore 235.241 

Thornton. Mr A. de 259 

Thryne. John 189 

Thunderbolts (cerauniae) . . 1 158 

Todd, Mr W 139 

Torpenneth. church of 255 

Tostig, Earl of Northumberland 234 

Traps, wooden, geographical distribu- 
tion of, 171; structural details of.. 172 

Troite 249, 250. 254 

Troutbeck 258 

Tybris, barony of 105 

Tynron. Kirk of 95 

Unwritten records, evidence of 162 

Veteripont, Robert de, 261; John 

de 261. 262 

Vining, Ann ; John 217 

Vitrified forts, 170; geographical dis- 
tribution of 171 

Wallace, Mr R.. 128; John. 193; 
Edward, 194; John (David's John); 

Herbert; in Carzeill, John 204 

Wallange, James 191 

Wattison, John 196 



Wauch of Shawis, 208 

Wafyr 241, 245 

"Waltheof. Lord of Allendale, 235; 

son of Gamel .... 241. 246, 248, 258, 259 

Wampool 241, 245 

Warcop, William de, 259, 260 ; Alan de 260 
Weather and Nature Notes during 

1916 (Mr J. Rutherford), 143; 

during 1917 223 

Welch (Velch), John, 189; of Dal- 

quharzeane, John, 192; John, in 

Burnfoot 269 

Welche, 268 

Welp, father of Gamel 259 

Welsh of Colliston, John 108 

Whelps Castle 258, 259 

Whitherne, Christian, bishop of, 250, 

255; Robert, archdeacon of, 250; 

John, bishop of 255 

Whithorn, bishopric of 142 

Wigton, Adam de 259, 260 

Willan 241, 247 

William, clerk of Lothmaben 250 

William, son of Reinbold 250 

Wilson, Andro. 92, 95, 102; Mr D. A., 
M.A., 187; Sir Daniel, 176; Miss J., 
124; of Croglin. Thomas, 93, 97, 
104; John, 104; In Marginane, 

George, 204; Thomas 210 

Wilsoun, William, 93; Gilbert, 94. 95; 

Thomas ; John 95 

Woodhall Lane, see Crae Lane. 

Woyd, George 201 

Wrycht, John 97, 109 

Wyberth 241, 246 

Wygande 241 

Yorkshire Archseological Society 34 

Young, James, notary, 193, 199 ; 

James, notary 198. 202 

Younger, David 93 

Zouche, Ela de la 261 

Printed bv Thos. Hunter, Watsou & Co., LUi., I>uiiilries 

4 08 6